Just when you thought you had mastered all of the MED labeling requirements, things are changing again! Specifically, some new regulations take effect in a few weeks that impact how potency data must be displayed on the label. It’s critical that your team is prepared for these changes so that you avoid getting stuck with unsellable, noncompliant product, or even worse, find yourself in trouble with the MED.
Effective October 1, it is required that the “potency shall be labeled either:
i. In a font size that is at least two font sizes larger than the surrounding label text and also not less than 10 point font, bold, and enclosed within an outlined shape such as a circle or square; or
ii. Highlighted with a bright color such as yellow.”
While the type of potency data that needs to be displayed differs among product type, these new requirements are broadly applicable. Thankfully, this is a relatively minor change, but it’s critical to be prepared.
Unlike some previous updates to labeling requirements, there is not a “grace period” during which product labeled under the previous requirements can be sold. In other words, October 1 is a hard deadline. As a result, we’ve heard that some dispensaries have already stopped accepting product that does not comply with these new requirements.
We encourage our readers to take some time to evaluate existing inventory and take the necessary steps to ensure products that don’t meet these requirements are sold before the end of September. Also, carefully inspect new products coming in to determine if the labeling meets the new requirements.
Best of luck with the transition!
Yours in Compliance,