Even in the “highly unlikely event” that the FDA does make CBD supplements legal, it will not do so retroactively, according to plaintiffs against CV Sciences in California’s Central District. However, the federal court, which also is hearing a similar case against competitor Charlotte’s Web, is not convinced.

Five warnings likely mark the start of a sweep to rid the US market of products containing the ingredient that the agency initially identified as violative in a recent declaration submitted for the Oregon attorney general’s complaint against GNC and that Senator McCaskill says FDA should prevent firms from using.

CFSAN tells 14 firms the stimulant DMBA – identified by names including 1,3-dimethylbutylamine, 2-amino-4-methylpentane, AMP citrate and 4-methyl-2-pentanamine – has “no history of use or other evidence of safety … when used as a dietary ingredient.”