Why FDA Is Taking Action Against CBD
With the proliferation of CBD stores and CBD-containing products, one might think that CBD is legal, either FDA approved, or having found a happy little loophole that the agency can’t touch. But that’s not true, and today the FDA sent out a bunch of warning letters to companies selling CBD products.
First, CBD is legally prohibited from being found in foods, including pet food or animal feed, because it is “not generally recognized as safe” (GRAS). The Food and Drug Administration (FDA) says there is no consensus among scientists about whether it is safe to use as a dietary supplement. As such, companies that make CBD-supplemented foods may receive warning letters from the government urging them to stop.
Secondly, CBD is an approved drug only when we are talking about Epidiolex , one particular CBD formula approved for the treatment of certain types of epilepsy. Otherwise, it is marketed as a drug, it is an unapproved drug, and, accordingly, sellers may have problems.
Finally, the additive loophole doesn’t work either. You can pack all kinds of herbs and vitamins as supplements that are neither drugs nor food, but are in between the legal area. But CBD doesn’t qualify as a supplement because it contains the same ingredients as the approved drug. So it’s not cool with the FDA either.
Tracking all CBD stores in the country is actually impossible from the agency’s budget, so they sent out warning letters to fifteen companies that violate one or more of the above rules and sell their products out of state. The FDA has consistently stated that they want to create ways for people to legally sell and buy CBD, but regulations on this can take years. They have a newsletter about their concerns and the legal status of CBD if you would like to know more, and they said that in the warning letter announcement today:
Today’s action has been taken as the FDA continues to explore potential avenues for the legal marketing of various types of CBD products. This includes ongoing efforts to obtain and evaluate information to address outstanding CBD product safety issues while adhering to the agency’s stringent public health standards. The FDA plans to provide an update on its progress on the agency’s approach to these products in the coming weeks.