Grocers, convenience stores, and supermarket chains are experiencing a paradigm shift in 2025 as private label THC beverages—especially hemp-derived seltzers—hit shelves nationwide where permitted by law. The compliance risk is substantial: unlike branded suppliers, the retailer launching these products is the “responsible person” for almost every regulatory checkpoint, from labeling and traceability to recalls, age-restriction protocols, excise tax remittance, and packaging mandates. With attorney generals scrutinizing minor exposures and poison-control center data, the stakes for compliance missteps are higher than ever (CannabisRegulations.ai).
This post unpacks the essential elements of private label THC beverages compliance in 2025 for grocers and c-stores, highlighting actionable considerations for retail buyers, compliance teams, and C-suite leaders.
The Private Label Shift: Why Retailers Are Jumping In
Large retailers are attracted to the margin and branding potential of store-branded THC drinks. By controlling the supply chain and brand identity, they can respond quickly to emerging flavor trends, pricing strategies, and consumer preferences. But this newfound control brings new and heightened compliance obligations.
Regulatory Landscape: Patchwork and Precarious
Federal vs. State Controls
At the federal level, hemp-derived THC beverages that stay below 0.3% delta-9 THC by dry weight per the Farm Bill remain lawful; however, the lack of unified federal regulations for intoxicating cannabinoids has left states to fill the gaps. By 2025, a substantial patchwork exists:
- Some states require cannabis-style licensing and tracking for any beverage containing THC, even hemp-derived.
- Other states regulate these as novel foods or dietary supplements, triggering FDA and food code obligations.
- Retailers must map out their operating footprint and design a compliance program that meets the strictest applicable standard (CannabisRegulations.ai).
The “Responsible Person” Standard
When a retailer launches a private label, they are the labeler-of-record—their name, not a supplier, appears on packaging and traceability logs. This comes with the burden of:
- Ensuring supply chain security (COAs, provenance, NDIN/GRAS checks)
- Labeling accuracy and health statement compliance
- Executing (or participating in) recalls if product safety issues arise
Licensing & Supplier Qualification
Supplier Due Diligence
Before onboarding a co-packer or manufacturer to formulate a store-branded THC beverage, grocers must perform robust due diligence:
- Hemp Source & Provenance: Check for legitimate, state-registered hemp sourcing and chain-of-custody documentation.
- Cannabinoid Content Verification: Require recent, batch-level Certificates of Analysis (COAs) from ISO-accredited labs; ensure total-THC remains compliant in every format (liquid, dry, concentrate).
- Alternating Premises: Alcohol-licensed beverage co-packers may not be allowed to handle THC formulations in the same facility or during the same production run due to TTB or state alcohol board restrictions—clarify alternating premises rules upfront to avoid regulatory snares.
- Non-Cannabinoid Ingredient Vetting: All novel beverage ingredients not already in general food use should carry an FDA NDIN (New Dietary Ingredient Notification) or generally recognized as safe (GRAS) affirmation. As FDA scrutiny grows, the days of sweeping functional botanicals into store drinks without review are over.
- Food Safety Certification: Expect SQF, GFSI, or equivalent food safety credentials for all manufacturing partners.
Contract Manufacturing
Retailers should vet and document:
- Clear liability division for recalls and adverse event reports
- Access to all production and testing records
- Policies for immediate notification of out-of-spec batches
Consumer Compliance: Labeling, Age Gating, and Recalls
Labeling and Marketing
Private labelers face heightened risk if they overstate effects or make medical-like claims. Must-have elements for 2025 include:
- “Hemp-derived” or “cannabis-derived THC” statement
- Exact cannabinoid content per serving and per container
- Universal warning symbols as specified by state law
- Ingredient list, allergen warnings, and nutritional panel (where required)
- Name and address of the responsible firm
- State-required QR codes or batch traceability info
Age Verification: POS and E-commerce
States are cracking down on age gating:
- POS (Point of Sale): Hard scanner blocks for buyers under 21, refusing all overrides.
- E-commerce: Banks and regulators expect integration of third-party ID checks (similar to alcohol and tobacco).
Recalls and Traceability
As a labeler-of-record, your store becomes the first point-of-contact for recalls—even for product made by a supplier. Systems should allow:
- 24/7 lot tracking from shelf to source
- Direct notification to customers, public health, and regulators if a recall is initiated
Testing, Quality Assurance, and Food-Beverage Convergence
Reconciling Cannabis & Beverage QA Systems
Cannabis beverages in most states must pass:
- Potency testing for delta-9 THC
- Contaminant testing (heavy metals, pesticides, microbials)
- Label accuracy reviews
Retail procurement teams must bridge these regimes with the food-and-beverage sector’s classic specs (GFSI, SQF, GMP). Retailers may need to contract with multiple labs or employ dedicated QA professionals to interpret and reconcile conflicting standards.
Taxation and Point-of-Sale Controls
Multiple states introduced THC-specific excise taxes and scanner SKU restrictions in 2025:
- Excise Taxes: Varying rates based on mg of THC, container size, or retail price. Retailers must register with revenue agencies and update SKU management systems accordingly.
- POS Scanner Blocks: Automated restrictions prohibiting sale to minors, sometimes integrated with state track-and-trace.
Failing to manage excise taxes and scanner controls can result in fines or loss of retail cannabis privileges.
Packaging: Child Resistance, Sustainability, and EPR
Child-Resistant Packaging
As of late-2025, there is no explicit federal requirement for child-resistant packaging for hemp THC drinks—but an increasing number of states are mandating it (CannabisRegulations.ai).
- CPSC Protocols: Brands are judged by their conformity to Consumer Product Safety Commission protocols, including push/twist closures and certified resealability.
Recycling and Extended Producer Responsibility (EPR)
Retailers must also meet growing state-level recycling/extended producer responsibility (EPR) mandates:
- Labeling Recyclability: Appropriate recycling codes must be visible on containers.
- Take-Back and Funding: Some jurisdictions require retailers to fund recycling or container take-back programs for all store-branded beverage containers.
Key Takeaways for Retailers
- Store-branded THC beverages carry unique compliance risks: As the on-label “responsible person”, all traceability, labeling, and recall obligations fall to your firm.
- Supplier qualification is critical: Demand full documentation of hemp provenance, cannabinoid testing, FDA ingredient status, and proof of separate cannabis and non-cannabis production lines for alcohol-based co-packers.
- Invest in POS and e-commerce age gating: Use hard scanner blocks in stores and online age checks to deter underage sales.
- Monitor changing excise tax and packaging laws: Be prepared for annual updates to state tax rates and packaging rules, especially around child resistance and EPR.
For in-depth support mapping compliance regimes, supplier audits, labeling reviews, and state-specific requirements, partner with CannabisRegulations.ai. We help retailers, procurement teams, and regulatory staff keep store-branded beverages safe, legal, and profitable in the ever-evolving 2025 compliance landscape.
