New Regulatory Pathway For Cannabidiol Products May Be Forthcoming

Key Takeaways:

• FDA is seeking assistance from Congress to create a new regulatory pathway that is better designed to regulate products that contain cannabidiol (CBD).
• In the interim, CBD products (including dietary supplements, conventional foods, and animal foods) on the market are at risk of FDA enforcement as the agency deems "appropriate."

The Food and Drug Administration (FDA) released a statement yesterday explaining its conclusion that a new regulatory pathway is needed to allow for greater oversight and to better manage risks associated with cannabidiol (CBD) products, including products currently marketed as conventional foods and dietary supplements as well as products marketed for animal use. Few details were provided about the proposed pathway. Although not discussed in the announcement, cosmetics and/or inhalable products containing CBD could be included in the new regulatory regime.