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WIRE: FDA seeks public comment on CBD marketing rules

Silver Spring, MD — The US Food and Drug Administration has scheduled a public hearing to address issues surrounding the “safety, manufacturing, product quality, marketing, labeling, and sale” of products containing hemp-derived cannabinoids such as CBD.

Outgoing FDA Commissioner Scott Gottlieb announced that the public meeting will take place on May 31st at the agency’s White Oak Campus in Silver Spring, MD. The agency is also accepting public comments on the issue, which may be submitted through July 2, 2019.

Speaking before Congress on multiple occasions, Gottlieb has stated that it may take “years” for the agency to establish rules and regulations governing the marketing of hemp-derived cannabinoid products. He further expressed concerns about the prospect of chain retailers like CVS and Walgreens carrying certain CBD-infused products, such as topical lotions and sprays, on their shelves.

In December, Congress enacted legislation removing industrial hemp (defined as cannabis containing less than 0.3 percent THC) and products containing cannabinoids derived from hemp from the federal Controlled Substances Act. The following day, the FDA stated: “Congress explicitly preserved the agency’s current authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and section 351 of the Public Health Service Act.” The agency further opined, “[I]t’s unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.”

The agency continues to selectively target manufacturers who it believes are marketing CBD-infused products in a manner that violates the agency’s interpretation of the law.

Public comments on this issue may be submitted electronically to the FDA. The FDA Questions and Answer page: ‘Regulation of Cannabis and Cannabinoid-Derived Products‘ is online.

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