FDA Announces Potential Legal Path for CBD Products

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The FDA released a statement on April 2, 2019, announcing steps it will take to create potential legal pathways for products made from hemp, including CBD. The agency recognizes the need to create regulations for products made from CBD. The products that the FDA regulates that would be impacted include human and animal food and drugs, cosmetics and dietary supplements.

The first step is a public hearing to be held on May 31, 2019, from 8 a.m.–6 p.m. in Silver Spring, MD. In particular, the agency is considering information about safety concerns related to CBD, including dosage, mode of delivery and how CBD interacts with medications.

Requests to make in-person comments at the public hearing must be submitted by May 10. Written comments will be accepted until July 2. More information about this hearing and instructions for submitting oral or written comments can be found in the Federal Register.

In addition, the agency is creating an internal working group to consider whether there is a legal pathway for human food and dietary supplements that contain CBD to be marketed and sold.

The FDA also stated that it will issue warning letters to companies that are currently selling products with CBD that it considers to be illegal, including foods and dietary supplements that contain CBD and companies that make unsubstantiated health claims about products that contain CBD.

Read the FDA’s full statement.