Washington Could Allow Structure and Function Claims on Marijuana Product Labels

The Washington Legislature presented Governor Inslee with a bill for his signature that allows marijuana licensees to provide consumers with more information on a product label. The new law would allow licensees to include a description of the intended role of a nutrient or dietary ingredient in a product on the structure or function of the body. Businesses seeking to use a structure or function claim must be able to back up these claims with evidence so that the claims are not considered to be untruthful.

Washington’s House amended the original bill to remove a list of words that could be used to describe the intended role on the structure or function of the body including “wellness,” “well-being,” “health,” “maintain,” “support,” “assist,” “promote,” and “relief,” and derivatives of any such terms. The new law requires businesses labeling products with a structure or function claim to include a disclaimer indicating that “[t]his statement has not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease.” Businesses should also review the product label for compliance with federal regulations if needed.

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