Setting safety limit on CBD key part of regulatory process



A number of critics of our industry are calling for Congress to grant FDA new regulatory powers and authorities, such as mandatory product listing. Some are even calling for “DSHEA 2.0.” Making matters worse, some industry representatives are buying into the notion that FDA needs additional powers, even though it’s obvious that FDA is failing to carry out its current responsibilities with its ample current authorities.

There’s no better example of FDA’s failure of will than the regulatory status of cannabidiol (CBD). We all claim to want FDA to use its existing authority to establish a legitimate regulatory pathway for CBD as an ingredient in foods and dietary supplements, considering that 1 in every 5 Americans are already using products containing CBD.

Mixed messages from FDA

Saying the messages from FDA have been mixed is an understatement. The former commissioner stated it would be a “fool’s errand” to remove CBD products from the market, while FDA’s public position is that CBD cannot be lawfully in or as a food or supplement. Yet, thousands of products continue to flood the market, and the agency has only sent warning letters to a handful of companies making the most egregious claims.

As an industry, we must be responsible, scientific, and factually accurate regarding CBD. It’s irresponsible to say that “CBD isn’t a safety issue”, as some industry leaders have done. Not to mention our critics are energetic right now with their long-standing mantra of “the industry is unregulated and doesn’t want to be regulated” to try to get new premarket authorities for FDA. 



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