Cannabis Packaging Under Scrutiny Amid Mold Prevention Claims

State regulators are intensifying their scrutiny on cannabis packaging companies following unverified claims that certain packaging can prevent mold. This increased regulatory oversight comes after a series of product recalls in at least seven states where mold was discovered in cannabis products that had been cleared for sale. The focus is now on the veracity of packaging claims and the reliability of lab testing and regulatory enforcement to ensure consumer safety

The controversy centers around Grove Bags, a leading company in the cannabis packaging industry, which has faced legal challenges over its TerpLoc products in Washington and Colorado. These products were marketed with claims of mold prevention, leading to regulatory action that forced the company to pull and redesign its packaging. Simon Knobel, CEO of Calyx Containers, highlighted the potential legal liabilities for packaging companies making similar claims, emphasizing the importance of understanding regulatory requirements

Daniel Schafer from the Washington State Department of Agriculture (WSDA) pointed out that products claiming to prevent mold must be registered with the U.S. Environmental Protection Agency (EPA). Grove Bags' TerpLoc products were deemed "misbranded" because they lacked EPA registration, resulting in a halt to their distribution in Washington. The company responded by removing mold prevention claims from its packaging and website, acknowledging the need to comply with strict regulatory guidelines

This situation underscores the complexities of federal regulations impacting cannabis companies, even as cannabis remains federally prohibited. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) empowers the EPA to enforce compliance when products are found to violate labeling laws. Companies in the cannabis sector must navigate these federal requirements carefully, especially when making claims about mold resistance or prevention

Grove Bags' Chief Financial Officer, Dan Jaffe, explained that while their bags use a special-purpose plastic film similar to those used in the food industry, it is not the packaging itself that prevents mold. Jaffe emphasized that proper growing and curing practices are essential to prevent mold, and the company's packaging is designed to enhance these processes rather than replace them. He also noted that Grove Bags conducts studies to support its claims, focusing on factors like moisture and cannabinoid retention

Industry experts like Darwin Millard of Cannabis Safety & Quality (CSQ) stress the importance of backing up marketing claims with scientific studies. Millard noted that the cannabis industry often rushes products to market without adequate safety testing, which can lead to regulatory issues. Grove Bags aims to ensure its claims are supported by both internal and third-party studies, although Jaffe admitted mold prevention was not specifically tested, indicating a need for more rigorous validation

Looking ahead, the cannabis packaging industry may face increased regulatory challenges as agencies continue to scrutinize product claims. Companies will need to invest in research and development to substantiate claims and avoid potential legal repercussions. As the industry evolves, maintaining compliance with federal and state regulations will be crucial for businesses to build consumer trust and ensure product safety