Hemp vape oil occupies a unique space within the broader cannabis market, one that is shaped by evolving regulations, consumer safety concerns, and shifting enforcement priorities. While hemp-derived cannabinoids have found their way into countless products, the U.S. Food & Drug Administration (FDA) has yet to establish a clear regulatory framework that covers hemp vape oil. For both brands and consumers, understanding the FDA’s current stance is essential to navigating this landscape responsibly.

FDA’s Position on Hemp-Derived Products

The FDA maintains that CBD cannot be lawfully added to conventional foods or marketed as dietary supplements. This stems from the fact that CBD is the active ingredient in an approved pharmaceutical drug, Epidiolex, which triggers the agency’s “drug exclusion” rule. In early 2023, the FDA formally recommended that Congress develop a new regulatory pathway for CBD, acknowledging that existing authorities are insufficient to address safety concerns such as potential liver toxicity, reproductive effects, and drug interactions.

For inhalable products like hemp vape oils, no dedicated regulatory pathway exists. However, the FDA actively monitors the market for unlawful claims and unsafe formulations. Warning letters continue to be issued to companies marketing hemp vapes with unsubstantiated medical claims or child-appealing packaging.

Safety and Consumer Protection

The vaping-related lung injury outbreak in 2019 highlighted the risks of unsafe additives. Vitamin E acetate, used as a thickening agent in some illicit products, was strongly linked to severe respiratory issues. Although the crisis primarily involved THC vapes sold on the illicit market, it underscored the importance of ingredient safety across all inhalation products. For hemp vape oils, consumers should seek products that provide transparent certificates of analysis (COAs), particularly confirming the absence of harmful excipients, residual solvents, and heavy metals.

Intoxicating hemp derivatives like delta-8 THC add further complexity. The FDA has raised repeated concerns about unsafe production methods, contamination risks, and child-appealing marketing practices. Responsible brands are expected to avoid youth-oriented packaging and implement robust age-verification measures.

Shipping and Commerce Rules

The shipping of hemp vape products faces additional restrictions due to the 2021 USPS rule implementing provisions of the Prevent All Cigarette Trafficking (PACT) Act. The rule broadly applies to electronic nicotine delivery systems and includes devices delivering “nicotine or any other substance.” This interpretation effectively covers many hemp vapes, prohibiting most direct-to-consumer shipments via USPS. Brands must therefore work with private carriers, while also complying with strict age-verification and record-keeping requirements.

Advertising and Marketing Oversight

Alongside FDA oversight, the Federal Trade Commission (FTC) enforces advertising standards. The agency has made clear that health claims require reliable scientific evidence and has acted against misleading promotions in the CBD and hemp sectors. Joint FDA and FTC warning letters are now common when brands combine health claims with kid-friendly packaging. As a result, companies should carefully review all labeling and marketing before bringing products to market.

What Brands Need to Do

• Labeling: Ensure all product labels are free of medical or disease-related claims. Labels should include batch-linked COAs, a complete list of ingredients, and clear safety warnings.
• Formulation: Exclude non-inhalation-grade additives and use only excipients deemed safe for pulmonary use. Conduct full third-party testing for potency and contaminants.
• Distribution: Build compliance protocols with private carriers to manage shipping restrictions.
• Packaging: Avoid designs that appeal to children or mimic popular snacks and beverages.
• Compliance Horizon: Monitor FDA enforcement actions as indicators of regulatory expectations.

What Consumers Should Look For

Consumers should approach hemp vape oil with the same caution applied to any inhalation product. Products should include transparent, batch-specific COAs and clear ingredient disclosures. Consumers are advised to avoid products making broad health claims or packaged in ways that appeal to children. Purchasing from regulated retailers, rather than informal or unlicensed sources, helps reduce risks of contamination or mislabeling.

Learn More: From Farm to Cartridge: How White Label Hemp Vape Oils Are Produced