Labeling error led to Missouri recall of cannabis gummies

Flora Farms recently issued a recall for more than 3,000 Zen-brand cannabis gummy products due to an oversight in labeling requirements.

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The recall came after a consumer complaint revealed that a food-coloring ingredient was not listed on the product label, a requirement under Missouri's cannabis regulations.

Key Points

1. Ingredient Oversight:

   • The food coloring in question is permitted but must be disclosed on product labels to inform consumers, particularly those with allergies.

   • The Division of Cannabis Regulation (DCR) noted that proper labeling ensures consumer safety but confirmed the ingredient itself does not need to be removed from production.

2. Consumer Reaction:

   • One adverse reaction was reported, though it did not require hospitalization. To protect the individual's privacy, further details about the complaint were not disclosed.

3. Regulatory Framework:

   • Missouri’s cannabis regulations, updated in September 2023, require all product packaging and labeling to be pre-approved to ensure compliance with state rules.

   • The pre-approval process is primarily designed to check for compliance with visible requirements, such as including required information and avoiding prohibited imagery (e.g., cartoons or candy-like designs). It does not verify the accuracy of listed information, which is monitored through inspections and consumer complaints.

4. Child-Safe Packaging Standards:

   • The 2022 constitutional amendment legalizing recreational marijuana included a mandate for child-safe packaging. To comply, Missouri restricts packaging to a single primary color with up to two logos or symbols, which may incorporate multiple colors.

5. Company Response:

   • Mark Hendren, president of Flora Farms, stated that the company promptly updated its labels to include the omitted food coloring information, ensuring compliance with DCR requirements.

Context and Implications

Missouri’s strict packaging and labeling regulations aim to protect consumers and ensure products are not marketed in a way that appeals to children. This incident highlights the challenges of maintaining compliance in a growing industry and underscores the importance of vigilance in product labeling to prevent consumer risks.

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