As hemp‑derived THC beverages continue to proliferate across the United States, brands and compliance teams face critical questions around labeling: Do you use a Nutrition Facts or Supplement Facts panel? What about new California Prop 65 warnings for THC, or a patchwork of state-required cannabis disclaimers?
This resource demystifies the 2025 labeling landscape for hemp-THC beverages, mapping federal and state requirements, outlining pitfalls, and providing practical frameworks for ensuring your products remain compliant in this fast-evolving area.
Why the Confusion? FDA’s Stance: Food vs. Supplement Panels for Hemp-THC Drinks
For most beverage or edible products, FDA labeling law requires either a Nutrition Facts panel (for food/beverage) or a Supplement Facts panel (for dietary supplements). Key distinctions:
- Nutrition Facts: Standard for conventional foods and beverages. Requires listing calories, macronutrients, vitamins/minerals, serving size, and specific formatting (see FDA basics).
- Supplement Facts: For products marketed as dietary supplements. Requires listing active ingredients, serving size, and directions for use (see Supplement Facts details).
However, the FDA has made it clear that neither CBD nor THC can lawfully be added to foods or marketed as dietary supplements in interstate commerce (as of 2025). FDA clarification.
Because of this, most compliant hemp-THC beverage brands choose to list standard Nutrition Facts, not Supplement Facts. State regulators—including California—expect beverages to comply with conventional food labeling rules, so a Supplement Facts panel risks regulatory pushback or enforcement.
Takeaway: For hemp-THC beverages, use the Nutrition Facts panel unless specifically advised otherwise by a state agency (rare for drinks). Ensure all formatting, serving sizes, and micronutrient values meet FDA nutrition labeling regulations see example panels.
Decision Tree: Which Labeling Panel Should I Use?
Ask yourself:
- Is your product a ready-to-drink beverage, or an edible food item?
- → Use Nutrition Facts panel (standard format).
- Is your product marketed as a dietary supplement (e.g., capsules, concentrated drops)?
- → Use Supplement Facts panel (rare for drinks, requires legal review).
- Does your state require a specific cannabis/THC facts panel or additional declaration?
- → Check state laws; in most states, standard Nutrition Facts plus additional THC facts/warnings are required.
Pro Tip: Always review state-specific guidance and consult up-to-date resources like CannabisRegulations.ai for late-breaking changes.
For small-format cans, shots, or multi‑serving packs:
- Abbreviated Nutrition Facts panels are permitted on packages with little space (see FDA guidance), but all core nutrients and serving info must still be clear and legible.
- For multipacks, each single-serve unit must be labeled if sold individually; outer packaging must also comply.
- Some states also require a separate panel showing THC content per serving and per container—place this near the Nutrition Facts or as a separate box (always check state guidance).
Updated: California Prop 65 THC Warnings for 2025
In 2025, California strengthened Prop 65 warning requirements: All products with detectable THC—including legal hemp-derived beverages—now require clear labeling. Key highlights:
- Prop 65 warning required for any amount of THC (even below 0.3%).
- Warnings must use specified language and be prominently displayed (short-form warnings are allowed on small packages—but new rules require the chemical name, e.g., “Δ9-THC”).
- The warning must read: “WARNING: This product contains THC, a chemical known to the State of California to cause developmental harm.” (see details).
- Compliance grace period for some label updates extends into 2028, but best practice is to comply immediately as retail and distributor scrutiny intensifies.
Avoiding Duplicate or Conflicting Statements:
- Combine Prop 65 warnings with state cannabis warnings where possible. Do not repeat the same risk language twice.
- Prefer one clear warning panel that references all relevant state mandates.
State Cannabis Beverage Disclaimers—What’s Required in 2025?
Several states (notably California, Minnesota, Colorado, New York) impose additional warnings or statements specifically for products containing intoxicating cannabinoids such as delta-9 THC:
- Age Restriction: “Not for sale to persons under 21.”
- Impairment and DUI Warning: “May cause impairment. Do not drive or operate machinery after consuming this product.”
- Keep Out of Reach: “Keep out of reach of children.”
- THC Content Disclosure: “Contains Δ9-THC: X mg per serving, Y mg per package.”
- Universal Cannabis Symbol: Where required (check your state!)
- Batch/Lot Number and Source: For traceability
- Statement on Legality: “This product contains hemp-derived cannabinoids and is legal under federal law.” (Note: some states require, others prohibit this language)
- State-specific health risks: E.g., “The effects of this product may be delayed up to two hours.”
Full breakdowns by state are provided at CannabisRegulations.ai.
Avoiding Label Overload:
- Designate a single prominent area for required warnings (ideally near the Nutrition Facts or main display panel)
- Cross-reference each jurisdiction where product will be sold—state cannabis boards often accept Prop 65 as satisfying their general risk warning, if the age and impairment language is also present.
Example Template: Hemp-THC Beverage Label (Small Package)
Nutrition Facts (standard format; all nutrients listed)
- Serving Size: 1 can (355 ml)
- Calories, macronutrients, vitamins/minerals
- THC Content: 5mg Δ9-THC per serving, 5mg per container
Required Warnings:
- “Not for sale to persons under 21.”
- “WARNING: This product contains THC, a chemical known to the State of California to cause developmental harm.”
- “May cause impairment. Do not drive or operate machinery.”
- “Keep out of reach of children.”
- [State universal cannabis symbol, if required]
Keep font size, contrast, and formatting consistent with FDA and state requirements. Combine short-form warnings where allowed, and do not use “Supplement Facts” unless your product is a supplement by definition.
Avoiding Noncompliance and Enforcement Traps
- Never use both Nutrition Facts and Supplement Facts panels—choose the correct one for your product, based on FDA/state guidance.
- Monitor state rule changes, especially for newly legal or highly regulated cannabinoids like delta-8/9 THC.
- Document label versions and compliance steps for every market distributed.
- Preflight every product label with automated compliance readouts from CannabisRegulations.ai.
Final Takeaways for 2025 Labeling
- The safe default for most hemp-derived THC beverages is the Nutrition Facts panel, with detailed THC and risk language disclosures as required by state law.
- California’s new Prop 65 rules draw no distinction between hemp and marijuana THC: if it’s intoxicating, a warning is needed—even if federally legal.
- Always layer state cannabis disclaimers atop the FDA baseline, but streamline where possible to avoid impossible duplication.
- Compliance is dynamic—what’s legal and sufficient today may shift tomorrow. Ongoing research and label versioning are essential.
Need a full state-by-state labeling and compliance scorecard? Start with CannabisRegulations.ai—your comprehensive resource for evolving hemp-THC beverage laws and label solutions.
