Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

New Congressional Bills Seek to Advance FDA CBD Product Regulation

By Agustin Rodriguez & Christina Sava on March 30, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
Cannabis_1200x600_0005_GettyImages-1219918062

Under the sponsorship of Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN), congressional lawmakers recently renewed their effort to force the Food and Drug Administration’s (FDA) hand in regulating cannabidiol (CBD) products. The two proposed bills would require FDA to do what it stated in early 2023 it could not do: regulate CBD and other hemp-derived foods and dietary supplements under existing Food, Drug, and Cosmetic Act (FDCA) pathways.

The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 (HR 1629) would explicitly make hemp, CBD derived from hemp, and any other ingredient derived from hemp lawful for use as a dietary supplement, provided the product complies with all other existing requirements for dietary supplements with new dietary ingredients. The CBD Product Safety and Standardization Act (HR 1628) would add a new “Food Containing Cannabidiol Derived From Hemp” section to the FDCA, which would establish that food containing CBD derived from hemp must conform to certain existing FDCA requirements regarding approved use of food additives. It further directs FDA to issue regulations establishing:

  1. A maximum amount of CBD allowed per serving;
  2. Labeling and packaging requirements; and
  3. Conditions of intended use.

HR 1628 also would exempt food containing CBD from the FDCA’s prohibition on introducing foods that add an approved drug into interstate commerce.

Although introduced in the last session, these bills did not advance. Given that FDA explicitly announced it lacks the tools needed to regulate CBD under existing FDCA pathways, some think these bills may gain more momentum this session. However, since these bills attempt to fit foods and supplements containing CBD into existing FDCA frameworks, it will be interesting to see how the agency reacts to the proposals.

Why It Matters

Those selling foods or supplements containing hemp-derived CBD, or wanting to enter this market, should watch the bills’ progress closely since they represent some lawmakers’ preferred approach for regulating CBD foods and supplements in the U.S. Further, major industry groups — e.g., the U.S. Hemp Roundtable, the American Herbal Products Association, Council for Responsible Nutrition, and the National Cannabis Industry Association — endorse these bills. Were they to pass, CBD product manufacturers must become versed in existing regulations applicable to supplements and food additives and prepare their operations to comply with existing food and supplement regulations.

Photo of Agustin Rodriguez Agustin Rodriguez

Agustin is sought after by clients for his strategic counsel on their most challenging competitive and regulatory compliance issues, including tobacco Master Settlement Agreement issues, federal and state enforcement investigations, licensing and excise tax issues, developing compliance programs, and evaluating advertising and marketing…

Agustin is sought after by clients for his strategic counsel on their most challenging competitive and regulatory compliance issues, including tobacco Master Settlement Agreement issues, federal and state enforcement investigations, licensing and excise tax issues, developing compliance programs, and evaluating advertising and marketing practices. A partner in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group as well as its Tobacco and Cannabis law practices, he represents manufacturers, distributors, retailers, and suppliers in all aspects of their businesses, including regulatory compliance, FDA requirements, administrative disputes involving federal or state governmental entities, mergers and acquisitions, commercial agreements, and taxation matters.

Read more about Agustin RodriguezEmail
Show more Show less
Photo of Christina Sava Christina Sava

Christina brings years of experience representing clients in highly-regulated industries, such as tobacco and cannabis. She also provides unique insight into the challenges and opportunities of this exciting new marketplace.

Read more about Christina SavaEmailChristina's Linkedin Profile
  • Posted in:
    Civil Litigation, Corporate Compliance
  • Blog:
    Regulatory Oversight
  • Organization:
    Troutman Pepper Hamilton Sanders LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Troutman Pepper Financial Services
  • The EX-Files
  • Construction & Infrastructure Law Blog
  • Venture Law Blog
  • Trust on Trial
Copyright © 2023, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo