FDA Issues Report to Congress on CBD Products

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On March 5, 2020, the U.S. Food and Drug Administration (FDA) issued a report to Congress that discusses the agency’s progress toward obtaining and analyzing data to help determine a policy of enforcement discretion and how hemp-derived cannabidiol (CBD) can be used in FDA-regulated products. The FDA was charged with creating the report as a result of a provision of the Further Consolidated Appropriations Consolidation Act, 2020, which was enacted on December 20, 2019.

In the report, the FDA acknowledges the therapeutic opportunities that CBD presents, but the agency remains concerned about the safety risks of CBD and other issues, like mislabeling and possible contamination with tetrahydrocannabinol (THC). While the CBD market continues to grow, the agency emphasizes that it does not have the resources to initiate enforcement actions against every product, person, or organization that violates the law. To balance the importance of enforcement with limited agency resources, the FDA outlines an enforcement action plan that includes a risk-based enforcement policy. In addition to outlining the agency’s enforcement policy, the report contains sections on product safety, CBD’s use in human and animal drugs, CBD’s use in dietary supplements, CBD’s use in human and animal food, CBD’s use in cosmetics, and products that are outside of the agency’s jurisdiction.

Review the FDA’s report to learn more about the agency’s views on CBD.

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