CBD FDA Update - February 27th, 2019

February 27th, 2019 CBD FDA Update

Lauren Estevez

Today the FDA Commissioner, Scott Gottlieb, testified in front of the House Appropriations Committee about the agency’s plans to regulate CBD. Here are the key takeaways:

  • The FDA will hold public hearings regarding CBD regulations in April 2019

  • The FDA is considering dual-track regulations which would treat low-dose and higher-dose CBD differently. Under this framework, a low-dose CBD would be subject to less regulatory scrutiny and a higher dose product will be more strictly regulated as a drug.

  • The FDA’s current stance is still that it is unlawful to add CBD to food (which includes beverages) or to use it as dietary supplement.

  • Commissioner Gottlieb also reiterated his concerns about therapeutic claims on CBD product labels.

  • The issuing of new regulations will take time and is “not a straightforward process,” in the Commissioner’s own words.

For CBD companies awaiting regulations, I recommend the following best practices:

  • Truth in labeling - make sure that your product contains what you claim it does.

  • Third party lab testing to test for CBD levels and ensure no harmful pesticides or contaminants.

  • Source your CBD from state licensed hemp producers.

  • Avoid making therapeutic claims on your labels or using CBD as a food additives or dietary supplement, per FDA guidance.

The full guide to the current legal status of CBD is available here.

New update:

March 5th, 2019 FDA Update

Today FDA Commissioner Scott Gottlieb resigned, effective in about a month. This could cause further delays to CBD regulations but it is still possible that the scheduled hearings will take place in April 2019.

Lauren Estevez.png

Lauren Estevez is an attorney who advises international, multi-state and California cannabis brands, operators, and investors. She is nationally recognized as a subject matter expert in Cannabis Law and her work has been featured on CNBC, Bloomberg Law, and SXSW. The National Law Journal awarded Lauren the recognition of Cannabis Law Trailblazer in 2019. Lauren is the founder of LME Law.