It's Complicated: FDA Prohibits CBD In Supplements, Enforcement Priority On Disease Claims
This article was originally published in The Rose Sheet
As FDA announces its first-ever approval of a drug that contains a substance derived from marijuana, officials say the agency's policy that prohibits CBD's use in dietary supplements or food will not change. They also say, however, that FDA's priority for enforcement actions against dietary supplements containing CBD, an extract from cannabis and hemp plants, will remain on products marketed with drug or disease claims.
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Leading discussions on CBD safety as a dietary ingredient and developing best-practices guidance were natural steps for AHPA. "We were viewing it as another botanical product, another one of the type of products that we’ve been dealing with throughout our history," said program development director Jane Wilson.
Although agency is prioritizing enforcement on hemp and CBD supplement and food products marketed with violative claims and allowing sales of products compliant with its regulations, the approach is not enforcement discretion, officials say. It's aware some companies are marketing hemp and CBD products "in ways that violate the law," and its "biggest concern" is products "that put the health and safety of consumers at greatest risk."
State regulators are biggest threat to CBD-containing supplement and food marketers, say food and drug lawyers. Some states, not all, track federal laws with their regulations while others dig in their heels against sale and transport of products.