Massachusetts CCC Issues Consent Agreement to Manufacturer for Mislabeled Potency on Edible Products (July 2025)

Background

The Massachusetts Cannabis Control Commission (CCC) requires all manufactured cannabis products to be tested by an Independent Testing Laboratory (ITL) and labeled with accurate THC and CBD potency information. Under 935 CMR 500.160, labels must reflect the actual potency of each batch within a ±15% variance. Products outside this range must be destroyed or relabeled before sale.

Violation Findings

Following a consumer complaint and a CCC-directed market surveillance purchase in May 2025, the CCC's Investigations and Enforcement Unit sent 14 edible product samples for re-testing at a separate ITL. Results showed:

| SKU Category | Reported THC | Actual THC | Variance | |---|---|---|---| | Gummies (4 SKUs) | 10mg/piece | 6.2–7.4mg | -27% to -38% | | Chocolates (6 SKUs) | 5mg/piece | 3.0–3.8mg | -24% to -40% | | Beverages (4 SKUs) | 20mg/serving | 13.1–15.6mg | -22% to -35% |

All 14 SKUs were outside the ±15% CCC variance threshold.

Consent Agreement Terms

The CCC and respondent entered into a Consent Agreement (CCC-EA-2025-047) on July 10, 2025, including:

1. $45,000 civil monetary penalty (payable in three installments)
2. Voluntary recall of all affected lot numbers within 30 days
3. Enhanced QC protocol — dual-ITL testing for all new product batches for 12 months
4. Monthly reporting to the CCC on batch testing results for one year

Compliance Takeaway

Manufacturers should verify that ITL testing contracts specify sufficient sample sizes per batch to detect intra-batch potency variance. Edible homogeneity is a known challenge; manufacturers should conduct in-house potency spot-checks before ITL submission.