CBA calls on FDA for stricter oversight, regulation of CBD products, without which ‘misconceptions and misunderstandings will cripple CBD’s potential before it can prove its value’

In letters sent this morning to Sen. Wyden and FDA Acting Commissioner Janet Woodcock, CBA argues that a federal regulatory framework for CBD products “is needed now to protect consumers; ensure product safety and transparency; establish guardrails for legal product innovation and distribution in interstate commerce; and provide the clarity needed for manufacturers of these products.”

It underscores the urgency for action by noting in the letter sent to Woodcock that “the current FDA stance on CBD products is not working.”

It explains in the letter that while “FDA has been steadfast in its position over the past several years that CBD-containing dietary supplements and foods cannot be marketed under the exclusionary clauses and that the use of these products presents potentially serious safety concerns,”​ the agency’s “inaction is resulting in a marketplace full of CBD-containing products produced in establishments that escape FDA regulations.”

While CBA acknowledges not all CBD products have ‘escaped’ FDA oversight, it notes only a relative handful of the most egregious violators have triggered agency action. Since 2015, FDA and the Federal Trade Commission has limited action against products with CBD to 81 warning letters sent to only the violators that make claims their products can treat or cure serious diseases, CBA notes.

Lack of action also has led to widespread consumer confusion, CBA argues, noting recent results from a survey it conducted that reveals 67% of Americans incorrectly believe the ingredient is federally regulated, and 28% who have tried CBD despite rating their knowledge of the ingredient on average at 3.3 on a scale of one to ten.

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