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We’re aware of the growing public interest in cannabis and cannabis-derived products, including cannabidiol (CBD). This increasing public interest in these products makes it even more important with the passage of this law for the FDA to clarify its regulatory authority over these products. . . . Additionally, it’s unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived. This is because both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements. Under the FD&C Act, it’s illegal to introduce drug ingredients like these into the food supply, or to market them as dietary supplements. This is a requirement that we apply across the board to food products that contain substances that are active ingredients in any drug.
To further emphasize their points, the FDA has a FAQ page. The key FAQs:
CBD is undoubtedly hot. Candidly, the products are fantastic and get people talking, which make it perfectly suited for network marketing. But the current regulatory situation make it a risky proposition. The fact that companies are regularly touting the exciting size of the market does not minimize the risk that’s out there.
The FDA Makes Its Position Clear(er)
The FDA has recently taken a more authoritative stance as it pertains to CBD. In fact, through the Farm Bill, Congress “explicitly preserved the agency’s current authority to regulate products containing cannabis or cannabis-derived compounds [CBD] under the Federal Food, Drug, and Cosmetic Act (FD&C Act).”
It’s pretty clear, right?
The Commissioner goes on to imply that there is a path for CBD sellers to comply with the law: Get approved as a drug. He states, “The FDA will continue to take steps to make the pathways for the lawful marketing of these products more efficient. . . For example, in June 2018, the FDA approved a drug, Epidiolex, that contains cannabis-derived CBD for the treatment of seizures associated with two rare and severe forms of epilepsy.” If this is ultimately the FDA’s preferred path for CBD sellers, it’s an insurmountable barrier for network marketing companies.
CBD cannot be marketed as a dietary supplement;
CBD cannot be added to food or beverages;
There’s a massive regulatory cloud currently hovering over CBD consumables;
Arguments exist that might ultimately pave the way for CBD’s mainstream future.