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For years, any brand working at the intersection of CBD and skincare has run into the same problem: there was no legal THC threshold to serve as a clear reference across the European Union. The only figure available was a non-binding suggestion from a WHO committee, dating from 2019. That has now changed. On 26 March 2026, the Scientific Committee on Consumer Safety (SCCS) adopted its final opinion on CBD in cosmetics, setting concrete, evidence-based limits for the first time.
What changes in CBD and skincare with the SCCS final opinion
The opinion, identified as SCCS/1685/25, follows a process that began with a preliminary opinion in October 2025 and a public consultation that closed on 21 January 2026. The final version, published on 24 April 2026, sets two figures that any brand with CBD cosmetics should already have noted down:
SCCS limits for CBD and skincare
Aspect | Before the SCCS opinion | Now (SCCS/1685/25) |
CBD in the cosmetic product | No harmonised limit in the EU | Up to 0.19% |
THC present as an impurity | No legal threshold. Only a non-binding WHO reference (2019, less than 0.2% THC) and inconsistent national criteria, ranging from “THC-free” to 1% in some countries | Up to 0.00025% (2.5 ppm) |
Routes of application assessed | Not defined | Dermal and oral |
Formats with inhalation risk (sprays, aerosols, powders) | No specific assessment | Outside the scope: the limits do not apply |
Usual documentary evidence | Statement of “no detectable THC” | Certificate of analysis quantifying THC in ppm |
Both limits apply whether CBD and THC are used separately or appear combined in the same formula. This is, by a wide margin, the most-cited figure in the sector’s regulatory forums in recent months, because it turns a grey area into a concrete number that can be audited.
Why this limit was needed
Before this opinion, legal uncertainty was real. Regulation (EC) 1223/2009 never set a tolerated THC percentage, and Member States took different decisions: some countries only allowed THC-free cosmetic CBD, while others tolerated up to 1% in the finished product. This fragmentation made it considerably harder to sell the same formula in several European markets at once.
The European Commission asked the SCCS for this assessment precisely to resolve that uncertainty, after several Member States and civil society organisations raised doubts about the scarce safety information available. With the new limit, the Commission can now amend the annexes to the Cosmetics Regulation under Article 31, should it decide to turn this scientific opinion into a binding rule.
What it means in practice for your formula in CBD and skincare
For a brand already working with CBD cosmetics, the most immediate change is documentary. Until now, it was often enough to state that the product contained no detectable THC. From this opinion onwards, the reference is no longer binary but quantitative: a certificate of analysis is needed to confirm that the THC present as an impurity stays below 2.5 ppm, not merely that it is “absent” according to a low-sensitivity detection method.
This shifts part of the responsibility to raw-material suppliers, who will need to provide certificates of analysis with that level of precision. It is worth reviewing the documentation for each batch now, not just the generic technical data sheet for the ingredient.
Format matters: why a CBD spray falls outside
One of the most important nuances of the opinion, and the one most easily overlooked, is that the SCCS expressly excludes products that may lead to exposure by inhalation. This means that the 0.19% and 2.5 ppm limits do not apply to sprays, aerosols, loose powders or any format that may produce inhalable particles. In practice, this leaves facial mists or body sprays with CBD, formats that are increasingly common in the category, outside the safety assessment.
If your brand markets CBD in a spray format, it is best to assume that the safety of that route of exposure has not yet been assessed, and not to extrapolate the dermal and oral limits directly to a product that can be inhaled.
The origin of CBD still matters
The new opinion does not replace, but complements, the origin-based logic that already governed the use of CBD in cosmetics. Under Regulation 1223/2009, CBD is still not permitted if it comes from extracts, tinctures or resins of Cannabis sativa, since these may contain THC, a substance included in the 1961 Single Convention on Narcotic Drugs. If it comes from seeds or leaves, the origin and THC content must still be documented. Synthetic CBD remains the safest option from a regulatory standpoint, as it entirely removes the risk of THC traces.
The difference now is that this origin documentation is no longer enough on its own: it must also be shown that the final result respects the new quantitative limits.
What to do now if you have CBD and skincare products
Before the Commission decides whether to transpose this opinion into the annexes to the Cosmetics Regulation, it is worth staying one step ahead:
- Check the CBD concentration of each formula against the 0.19% limit.
- Ask suppliers for certificates of analysis that quantify THC in ppm, not just confirm its absence.
- Identify which products use spray or powder formats, as they fall outside the scope of this safety assessment.
- Keep the documentation on the origin of the CBD (seed, leaf or synthesis) up to date and traceable.
- Follow closely whether the Commission amends the annexes to Regulation 1223/2009 under Article 31, which would turn this scientific opinion into a legal obligation.
At Cosmeservice, we help you review the documentation of your CBD and skincare formulas against these new limits and prepare the technical support that customers and authorities will probably start to demand. If you would like an assessment of your product, write to us at info@cosmeservice.com.
FAQs
What CBD limit has the EU set for cosmetics?
The SCCS considers CBD safe up to a concentration of 0.19% in dermal and oral cosmetic products, according to its final opinion of March 2026.
Do the SCCS limits apply to CBD and skincare products such as creams and serums?
Yes, in principle. The 0.19% CBD limit applies to dermal and oral cosmetic products, which covers skincare applied to the skin, such as creams and serums. Formats that may lead to inhalation, such as sprays, are excluded from the assessment.
What about THC present as an impurity in cosmetic CBD?
It is considered safe up to 0.00025% (2.5 ppm), whether the THC appears alone or combined with the CBD itself in the same formula.
Can I sell a facial or body spray with CBD?
The SCCS opinion does not cover products with a risk of exposure by inhalation, such as sprays, aerosols or powders. This means that the safety of those CBD formats has not been assessed by this opinion.
Is this opinion already mandatory?
Not strictly speaking, not yet. It is a scientific opinion of the SCCS; the European Commission can now decide whether to amend the annexes to Regulation 1223/2009 to turn it into a binding rule, under Article 31.
Does it still matter whether the CBD comes from seeds, leaves or extracts?
Yes. The origin is still relevant: CBD from extracts, tinctures or resins of Cannabis sativa is not permitted, while CBD from seeds or leaves requires documentation of its origin and THC content. Synthetic CBD remains the safest option from a regulatory standpoint.
What about CBD and skincare in the United States?
The FDA has no specific regulation for CBD in cosmetics, although it advises against its use by pregnant or breastfeeding women. A CBD product may be considered a drug, and not a cosmetic, if it is intended to affect the structure or functions of the body.
