Congress is seeking input from the public on how to provide a legal pathway for CBD food products and dietary supplements. Now is the time to make your voice heard, and EARTH Law is here to help!
On July 27th, 2023, Senators McMorris Rodgers, Cassidy, Pallone Jr., and Sanders released a Request for Information (RFI) to the public, seeking input on how Congress should move forward with regulating CBD products in food and dietary supplements. This letter follows the January 2023 Food and Drug Administration (FDA) announcement in which the agency “announced it would like to work with Congress to craft a legislative approach to the regulation of CBD products.” FDA has remained steadfast in its refusal to allow CBD products in interstate commerce as food ingredients or dietary supplements due to CBD’s use in the drug Epidiolex. Additionally,“FDA has indicated that CBD would not meet the relevant statutory requirements for food or dietary supplement[s] due to safety concerns.” Read the full details of the FDA's January announcement here.
Congress is currently taking steps towards a regulatory pathway by seeking the public’s input on a variety of factors related to CBD production, marketing, and more. The full list of questions may be found here. Questions include topics such as:
Current market dynamics, such as changes in the market since the 2018 Farm Bill, current products on the market, and the effect of absent national standards
Pathways and the scope of regulations, such as hemp product definitions, the adequacy of FDA’s current regulations and how it relates to CBD, non-ingestible products, and the rise of synthetic-produced cannabinoids
Federal-State relationships, including how current states are regulating CBD products and how federal law should or should not preempt those regulations
Safety and quality concerns of allowing CBD food products or dietary supplements on the market, such as interactions with other substances, inherent risks, consumer safety, and amount/concentration limits
Packaging and labeling issues, such as the potential for standardized label panels, claims allowed on packaging, symbols, and other possible restrictions
Members request responses to the RFI be submitted to CBD@mail.house.gov and CBD@help.senate.gov by August 18, 2023. The RFI is a real opportunity for the industry to have an impact, more than ever before on national policy and to define what stakeholders want to see – we encourage all stakeholders to ENGAGE IN THE PROCESS!
EARTH Law LLC is available to help YOU write and submit comments to Congress to make sure your concerns are heard. You can contact us by email at info@earthlawllc.com or by telephone at 541-632-3946.