Portuguese government agency The National Authority for Medicines and Health Products I.P. (Infarmed) has ordered the withdrawal of several cosmetic products containing cannabidiol (CBD) in the country, arguing that they do not comply with European legislation because they use CBD from extracts, tinctures and resins of the cannabis plant.
The regulator has ruled that products from brands including SVR, Naturasor and Dermacol be withdrawn on the basis that CBD from cannabis extracts is classified as a narcotic in Portugal.
The products that have been withdrawn from the shelf were: SVR CBD Ampoule Resist, Naturasor CBD Hot Cream, CBD Cold Cream, Origin Natural Oil Blend CBD (10%, 20%, 30%) and Origin Natural Oil Blend 15% CBD + Melatonin, and Dermacol’s BB Cream CBD Light, BB Cream CBD Medium, CBD Mascara and CBD Lipstick no. 3.
Conflicting with the EU’s previous decision
This move by Infarmed appears to be at odds with the EU’s free movement of goods principle.
The decision also directly contradicts the 2020 European Court of Justice’s ruling that CBD is not a narcotic under international conventions.
In December 2020, the EU court ruled that a ban on marketing hemp-derived CBD products in France was illegal and that it contradicted EU law.
The decision concluded that CBD was not a narcotic and therefore EU members could not prohibit its sale if lawfully manufactured in a Member State.
This means that Portugal is at risk of violating EU law, which forbids member states from restricting legally produced CBD merchandise without “scientific evidence of harm.”
As consumer demand for CBD-based beauty and personal care products are rising in Europe, this could create potential legal challenges from brands innovating in this space.