As a wholesaler or retailer, it’s important to be legally compliant, obviously. No one wants to get their products pulled from their shelves.
Is there a need to be concerned? Our answer is yes; and the FDA also defines it as a buyer “beware” market. We have seen it happen in our industry and predict it will happen again. FDA warning letters will be set. We see 2 main points of confusion and/or concern in the pet industry regarding hemp products, and both are at the federal level. The first is, “is hemp a drug?” And the second issue is. ”is the labeling compliant?”
What is the difference between Hemp and Marijuana?
Hemp and Marijuana are both Cannabis Sativa.
They have just been bred for different purposes.
Hemp is Cannabis Sativa that contains LESS than 0.3% THC.
Marijuana is Cannabis Sativa that contains MORE than 0.3% THC.
The “0.3 percent THC or less” became law with the passage of the federal Agricultural Act of 2014. THC being the psychoactive compound.
Hemp is Cannabis Sativa that has been bred for Industrial Purposes such as fiber, seeds, etc.
Marijuana is Cannabis Sativa that has been bred for Human Consumption such as smoking, eating, etc.
All dogs are wolves that have been bred for different purposes.
So, hemp is federally legal (defined by law at 0.3% THC or less) while marijuana is federally illegal (more than 0.3% THC). Since Hemp Well’s oils come from plants bred for their industrial purposes, our products are under the federal threshold of .3% THC. That means the federal government deems Hemp Well’s oils are not a drug. And because of the low amounts of THC in our products, 0.3% THC or less, a pet will not get “high.”
Is the product labeling compliant? As we all know, the FDA, AAFCO, and USDA are strict on labeling. Once they spot a misrepresentation on a product’s label it can quickly become your problem as well. With the market moving so quickly one study found that only 17% of the products they tested were accurately labeled; 23% of the products tested contained more of the compounds listed on the product label while 60% contained less. The “buyer beware” approach highlights the importance of accurate product labeling.
We actively sought for, and received, legal labeling compliance through the NASC: Hemp Well’s labels, messaging, and extensions are all compliant. Our team belongs to or has worked with state and federal regulators from AAFCO and the FDA, several medical doctors and labs, the National Animal Supplement Council, the Hemp Industries Association, industry leaders, the US Trademark Office, and lawyers with all kinds of specialities all to ensure that our products and their messages are compliant and that the health of our pets and the reputations of our businesses are safe.
Some of the problem areas to watch out for include: no product facts, no product warning or cautions, improper words, improper claims, improper suggested serving directions, improper images, inconsistent dosage.