Why it matters: The bill introduced by a bipartisan group of lawmakers, along with the scheduled hearing to examine the FDA’s refusal to regulate hemp-derived CBD, highlights the ongoing uncertainty and lack of regulation surrounding CBD products in the US. The lack of regulation puts consumers at risk and hampers the growth and fair treatment of hemp producers.
What they are saying: The lawmakers behind the bill argue that hemp and hemp-derived CBD are still operating in a regulatory gray zone, despite being legalized for nearly five years. They believe that directing the FDA to regulate CBD as an ingredient in foods, beverages, and dietary supplements is crucial to protecting consumer safety and ensuring fair access for hemp producers. Additionally, the bill aims to prioritize consumer safety by requiring manufacturers to comply with existing federal regulations.
The big picture: The Federal Food, Drug, and Cosmetics Act currently prohibits the market entry of any new dietary ingredient, food, or beverage that has been studied or approved as a drug. Despite the legalization of hemp and CBD, the FDA has not exempted hemp-derived CBD from this prohibition. The Hemp Access and Consumer Safety Act seeks to exempt hemp-derived CBD from this rule, allowing the FDA to regulate it like other new dietary ingredients, foods, and beverages. If passed, the legislation would provide a clear framework for the production, marketing, and sale of CBD products.
What to watch: The outcome of the bill will determine whether hemp-derived CBD products can be used in dietary supplements, foods, and beverages under the Federal Food, Drug, and Cosmetic Act. Additionally, the hearing scheduled by Representative McClain will shed light on the reasons behind the FDA’s reluctance to regulate CBD. It will explore whether the FDA is fulfilling its regulatory responsibilities and ensuring consumer safety in the CBD industry.
My take: This article underscores the need for comprehensive regulation of hemp-derived CBD products in the US. The lack of clear guidelines has created a regulatory gray zone, which puts consumers at risk and hinders the growth of the hemp industry. The bill introduced by the bipartisan group of lawmakers, along with the scheduled hearing, are positive steps towards addressing these issues. By providing the FDA with the authority and framework to regulate CBD, the bill aims to ensure consumer safety and promote a thriving, regulated market.
