CBD Supplement Trademarks Must Wait For FDA's Dietary Ingredient Solution
USPTO says because FDA's official regulatory position, despite its current enforcement discretion, is that CBD, hemp are not eligible as dietary ingredients, it will not approve trademarks for foods, beverages, supplements or pet treats containing CBD "even if derived from hemp, as such goods may not be introduced lawfully into interstate commerce."
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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.
With public hearing scheduled May 31 and a related public comment period, FDA "is interested in whether there are particular safety concerns that we should be aware of as we consider the FDA’s regulatory oversight and monitoring" of CBD products. Also influencing FDA's consideration is that CBD and other cannabis-derived substances are approved and being studied as drugs products, making their use as dietary ingredients noncompliant with agency regulations.