FDA Announces A Path Forward For CBD Consumer Products: A New Regulatory Framework Is Needed

Cannabis industry stakeholders waiting for the US Food and Drug Administration (FDA) to forge a regulatory path forward for cannabidiol (CBD) in consumer products such as conventional foods and dietary supplements will now be waiting on Congress to act. FDA announced, on January 26, 2023, that its existing food and dietary supplements regulatory pathways are not appropriate for CBD products and that the agency does not intend to initiate rulemaking for CBD. Rather, FDA called for a new regulatory pathway for CBD products that “balances individuals' desire for access to CBD products with the regulatory oversight needed to manage risks.”¹ Concurrent with this policy announcement, FDA denied three citizen petitions from trade associations that asked, among other things, for FDA to issue a regulation allowing CBD products to be marketed as dietary supplements. Companies waiting for certainty on the future of CBD product regulation will have to wait until Congress acts,