california cannabis beverage label
CA keeps adding to the file…

The California Department of Public Health (“CDPH”) has, to say the least, some very strict cannabis labeling regulations.  Earlier this year, I wrote about how the CDPH’s new rules were likely to create a mess in California and then how the California cannabis agencies sought to relieve some of the burdens on the industry by pushing back their expectations on compliance. While this gave cannabis companies a bit of wiggle room, it didn’t change any of the non-cannabis labeling requirements out there, like Proposition 65 (which we’ve written about recently here, here, and here).

One of the more obscure labeling issues concerns certain cannabis-containing beverages. Earlier this year, the CDPH released this FAQ for cannabis labeling, which states in part:

CRV Recycling (for beverages, if applicable) – Beverage manufacturers are responsible for labeling qualifying beverage containers with recycling information. For more information, visit https://www.calrecycle.ca.gov/bevcontainer.

The California Department of Resources Recycling and Recovery—also known as CalRecycle—administers the California Beverage Container Recycling and Litter Reduction Act (“Beverage Act”), which for relevant purposes creates a California Redemption Value (“CRV”) for certain covered beverages. The CRV is 5 cents for containers under 24 oz., 10 cents for containers 24 oz. or greater (for people recycling the cans, not cannabis manufacturers). Containers that are eligible for CRV include:

  • Beer and Malt Beverages
  • Wine Coolers
  • Carbonated Fruit Drinks,
    Water, or Soft Drinks
  • Noncarbonated Fruit
    Drinks, Water, or Soft
    Drinks
  • Coffee and Tea Beverages
  • 100% Fruit Juice less than 46 oz.
  • Vegetable Juice 16 oz. or less

The Beverage Act imposes numerous obligations on beverage manufacturers and distributors, including include on labels of certain qualifying beverages the terms “CA Redemption Value”, “California Redemption Value”, “CA Cash Refund”, “California Cash Refund”, or “CA CRV”.

Requirements for cannabis beverage manufacturers, distributors, and sellers can be complex—both under the Beverage Act and California cannabis law generally.  It’s important for cannabis beverage companies to consult with counsel when creating packaging and labeling for any kind of cannabis product.

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Photo of Griffen Thorne Griffen Thorne

Griffen is an attorney in Harris Bricken’s Los Angeles office, where he focuses his practice on advisory, litigation, and regulatory matters across a wide variety of industries. His litigation practice includes patent, trademark, trade secret, copyright, entertainment, false advertising, unfair competition, and complex…

Griffen is an attorney in Harris Bricken’s Los Angeles office, where he focuses his practice on advisory, litigation, and regulatory matters across a wide variety of industries. His litigation practice includes patent, trademark, trade secret, copyright, entertainment, false advertising, unfair competition, and complex commercial disputes throughout the United States. In that capacity, Griffen has argued (and won) many dispositive and other motions, participated as a member of trial and arbitration teams, and argued before the California Court of Appeals.

In addition to litigation, Griffen’s practice also includes trademark prosecution and non-litigation enforcement of intellectual property rights. Griffen is a Certified Information Privacy Professional in the United States (“CIPP/US”) and Europe (“CIPP/E”), and he assists clients in data breach counseling and response, compliance with privacy laws, and drafting website privacy policies.

Prior to beginning his legal career, Griffen studied music at the University of California, Berkeley, and attended law school at Loyola University of Chicago, where he was the Editor-in-Chief of the Loyola University Chicago Law Journal.

In his free time, Griffen enjoys traveling and studying languages.