Congressman Morgan Griffith (R-VA) and Congresswoman Angie Craig (D-MN) have introduced two new, bipartisan bills seeking to create regulatory pathways for CBD products as food and dietary supplements.
The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 (H.R. 1629) seeks to “make hemp, cannabidiol derived from hemp, and any other ingredient derived from hemp lawful for use under the Federal Food, Drug, and Cosmetic Act as a dietary ingredient in a dietary supplement, and for other purposes.” Currently, federal law defines a dietary ingredient as “a vitamin; a mineral; an herb or other botanical; an amino acid; a dietary substance for use by man to supplement the diet by increasing total dietary intake; or a concentrate, metabolite, constituent, extract, or combination of any of the above dietary ingredients.” FDA requires notification of new dietary ingredients in dietary supplements, and information regarding the safety of the product. In short, this bill would incorporate hemp into the FDA’s existing regulatory framework by establishing hemp as a “new dietary supplement,” allowing CBD products manufactures to use current FDA processes to introduce their products into interstate commerce, with FDA approval.
Similarly the second bill, the CBD Product Safety and Standardization Act (H.R. 1628), aims to direct the FDA to regulate CBD as the agency currently regulates other food ingredients. In particular, the bill directs the Secretary of the FDA to begin rulemaking to create a regulatory framework for CBD products, including serving sizes, labeling requirements, and conditions of intended use. Earlier this year, FDA explicitly declined to independently pursue rulemaking allowing the use of CBD in dietary supplements or foods, citing a lack of sufficient existing regulatory framework and a request for Congress to take action.
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