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Hemp Extract: Terminology and Labeling

“Hemp extract” and “hemp seed oil” are two label terms that sound similar but describe different parts of the plant and, in most cases, very different cannabinoid content.

What “Hemp Extract” Means

Hemp extract refers to compounds pulled from the hemp plant’s leaves and flowers — the parts of the plant where cannabinoids such as CBD concentrate — as distinct from hemp seed oil, which is cold-pressed from the plant’s seeds. A finished hemp extract carries CBD along with other naturally occurring hemp compounds and terpenes, typically blended into a carrier oil to create a finished product. Hemp seed oil, by contrast, is valued primarily for its fatty-acid and nutrient content and is used mainly for nutritional purposes rather than cannabinoid content.

The FDA’s Regulatory Posture

The FDA completed its evaluation of three Generally Recognized as Safe (GRAS) notices in December 2018, covering hulled hemp seed, hemp seed protein powder, and hemp seed oil. Those three ingredients contain only trace amounts of THC and CBD, generally attributable to incidental contact with other plant parts during harvesting and processing rather than being produced by the seed itself, and consumption of them is not capable of producing intoxicating effects. Hemp seeds themselves do not naturally contain THC or CBD as part of their composition.

Outside those three specific GRAS-recognized ingredients, other cannabis-derived ingredients — including CBD and hemp extract — remain subject to drug approval requirements or food additive petition requirements rather than automatic GRAS status. CBD is excluded from the dietary supplement definition under section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act, and it is a prohibited act to introduce into interstate commerce a food to which THC or CBD has been added. As of a January 2023 statement, the FDA indicated that existing regulatory frameworks for foods and dietary supplements are not well suited to cannabidiol, and that a new regulatory pathway would need to be established. There is currently no federal law approving hemp extract or CBD oil as an ingredient in food, beverages, or dietary supplements; CBD is not classified as GRAS and is treated as an adulterant under the FD&C Act when added to food. The GRAS conclusions covering hemp seed ingredients do not change the FDA’s separate position on adding CBD or THC to food.

Reading a Label

On a gummy, capsule, or oil product label, the terms “hemp oil” or “hemp seed oil” appearing in an ingredient list can sometimes stand in for a CBD-rich hemp extract, creating potential confusion for a shopper who assumes meaningful cannabinoid content based on the word “hemp” alone. In laboratory testing of commercial products, samples labeled as CBD oil showed CBD concentrations closely matching their stated label claims. In the same testing, six of seven products labeled as hemp seed oil nonetheless contained detectable CBD — in a much lower range than dedicated CBD oil products, likely from incidental resin contact during processing — while one hemp seed oil sample showed no detectable CBD at all, matching a rapeseed oil control sample tested for comparison. Researchers in that testing also found CBD oils showed markedly higher antioxidant activity than hemp seed oils in a laboratory assay, and proposed antioxidant activity testing as one possible lab-based marker for distinguishing between the two product categories.

Summary

“Hemp extract” and “hemp seed oil” describe different parts of the same plant, with very different cannabinoid content, and current FDA policy draws a clear line between them: hemp seed ingredients have GRAS status, while CBD and hemp extract remain outside any approved food or supplement pathway.