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Waiting For FDA Clarity on CBD As A Food Ingredient

Updated: Apr 5, 2019

The U.S. Food & Drug Administration Just Announced New Steps In It's Ongoing Evaluation of Cannabis and Cannabis Derived Products.


CBD Oil In Food

We have previously discussed the confusion relating to the legality and use of CBD oil in food. While gaining popularity with certain chefs, it has also been declared illegal in certain cities.


On April 2nd FDA Commissioner Scott Gottlieb, M.D., issued a statement on new steps to advance agency’s continued evaluation of potential regulatory pathways for cannabis-containing and cannabis-derived products. Four new initiatives were proposed:


1 - A public hearing on May 31, as well as a broader opportunity for written public comment, for stakeholders to share their experiences and challenges with these products, including information and views related to product safety.


2 - The formation of a high-level internal agency working group to explore potential pathways for dietary supplements and/or conventional foods containing CBD to be lawfully marketed; including a consideration of what statutory or regulatory changes might be needed and what the impact of such marketing would be on the public health.


3 - Updates to the FDA webpage with answers to frequently asked questions on this topic to help members of the public understand how the FDA’s requirements apply to these products.


4 - The issuance of multiple warning letters to companies marketing CBD products with egregious and unfounded claims that are aimed at vulnerable populations.


This process may take some time before any final guidance is issued. In the meantime, we counsel restaurants to be cautious about their use of CBD oil and to check local regulations and the local attitude towards these products.

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