CBD FDA Laws: Updates and Compliance
Due to the momentum in the marketplace regarding CBD products, there is increased confusion regarding the regulations surrounding the promotion and sale of food products containing THC. As a result, the senate is stepping in.
The Push for CBD-Product Regulation
Senate Majority Leader, Mitch McDonnell, is among several senators placing pressure on the U.S. Food and Drug Administration to publish an industry guidance for the sale of cbd products. In 2018, per what’s known as the Farm Bill, hemp-derived cannabidiol (CBD) was legalized federally throughout the United States. The legalization of this particular substance created a tidal wave of new commerce, particularly around the food and beverage industry.
Manufacturers took to their commercial kitchens in a fervor, creating products that could supply the overwhelming demand from consumers. Cannabidiol has long been known for it’s health benefits and ability to relieve pain, soothe anxiety and offer other therapeutic aid. Though the FDA has released some points of reference for the manufacturer to follow, ultimately, it’s a shot in the dark until the regulations are officially determined and released by the U.S. Food and Drug Administration.
Currently, the FDA is deliberating on whether products containing THC, the component within cannabis products that produce the “high” feeling, should be treated as dietary supplements, as well as the level of THC is safe as a food additive (currently resting at .3%) and the overall safety of CBD in regards to public health. Amidst this deliberation, the sale of hemp products is steadily growing while cbd regulations are entirely left wanting.
The Cost of Waiting for FDA Regulation
As recently as Oct 1, 2019, Senators have continued to urge the FDA to publish at least the regulatory framework in the form of a “Guide for the Industry” for the protection of consumers, a blueprint for manufacturers and a sigh of relief to banks everywhere. Due to the lack of regulations surrounding the sale of CBD products, banks are reluctant to process transactions involving CBD. Many manufacturers, such as Kat Merryfield, have felt the agony of tasting success with her line of CBD oils sold on her website katsnaturals.com, only to have payment processing sites such as paypal and clover not only shut down her sales, but seize her revenue entirely.
In an effort to press the issue, Senator Richard Blumenthal and 5 of his colleagues sent a letter to the FDA urging the release of regulations be expedited. In a press conference taking place earlier in the month, Blumental cited the FDA as being “chronically slow”. Senators such as McDonnell, Blumenthal and a list of others are demanding that something be done to open up the market so these products can be sold lawfully and without hesitation.
The Senators are calling for an update and response from the U.S. Food and Drug Administration within 90 days.
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