As consumer products and therapies involving CBD and its derivatives become more popular and their benefits better known, it seems only natural that more companies have begun marketing products that contain cannabis-related ingredients. Unfortunately, some of these are created in such a way that violate provisions of the Federal Food, Drug and Cosmetic Act and could very possibly put the safety and health of consumers at risk.
It is to protect consumers from these potentially dangerous products that the FDA has created a large number of regulations associated with CBD and its associated products. This article will serve as an introduction to the regulations as they stand. Weed Seeds USA has details.
The FDA and the States
As anyone who is familiar with the government is probably aware, the FDA sets up certain parameters for drug use and distribution. It is also important to know, however, that the Federal government, in association with the states, allows certain aspects of their regulations to be interpreted and enforced by individual states.
For example, in the state of Alaska, it is completely legal to use CBD as a medicinal aid as well as for recreational use. By contrast, in the state of Alabama, it is legal to use CBD as a medicinal aid, but for recreational use it is illegal. And if that's not confusing enough for you, in the state of Idaho, CBD is illegal in any form and for any use.
Ambiguity as a Watchword
On July 17, 2019, the FDA released a statement which stated that they are committed to a policy on CBD that was sound and science based. Unfortunately, there has been so much interest in the use of CBD and all of its derivatives and applications that the FDA has continually focused on a vigorous scientific approach that ensures the protection of anyone who uses a CBD product. Due to the ongoing nature of scientific research, as a result, the FDA urges anyone with an interest to check for updates on CBD research that is underway as well as state and local guidelines.
Guidelines issued by the FDA concentrate on several areas: drug marketing, supplement marketing, testing and warnings, and packaging requirements.
When CBD is marketed as a drug in that it renders therapeutic effects, the FDA requires approval before it is sold in any form. This approval requires clinical trials and other scientific protocols. In the case of dietary supplements, however, it is currently illegal to add CBD as an ingredient of any food product that is involved in interstate commerce.
In the case of testing and warnings of content involving CBD, the FDA does independent testing and has found numerous discrepancies in stated content and actual content. The companies that have been found to be using these types of unsupported medical claims have been issued cease and desist orders.
The packaging of CBD products is the final area of concern to the FDA, which has issued appropriate guidelines in order to reduce the risks of misbranding. For this reason, the FDA requires that any CBD product not include any health claims and marketing as a dietary supplement. By contrast, a claim to being a "botanical supplement" is appropriate.
It doesn't take much more of a reading besides what is above to understand that the FDA regulations for CBD are long and involved. It would be advisable, as a result, to consult them with legal guidance.