Legislation Introduced to U.S. House Would Require FDA to Regulate CBD in Food, Supplements
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On March 17, 2023, two bipartisan pieces of legislation were introduced to the U.S. House of Representatives with the goal of creating pathways for the regulation of cannabidiol (CBD) products in foods and dietary supplements. The bills are sponsored by republican Congressman Morgan Griffith of Virginia and democratic Congresswoman Angie Craig of Minnesota.
The introduction of the two pieces of legislation follow a January 2023 announcement from the U.S. Food and Drug Administration (FDA), stating that the agency does not find it appropriate to regulate CBD as a food or supplement, and that a new regulatory pathway must be created for the substance. The agency cited concerns over potential human health risks associated with CBD.
In the Farm Bill of 2018, U.S. Congress removed hemp-derived CBD from the Controlled Substance Act, which legalized the production of hemp and hemp-derived CBD. The Farm Bill still retained FDA’s authority to establish a regulatory framework for these products. Since the passage of the Farm Bill, CBD sellers have proliferated, but FDA has not put forth a regulatory roadmap for CBD products sold on the market.
The first bill, the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023, would make hemp, CBD derived from hemp, and other hemp-derived products lawful for use as a dietary supplement, unless otherwise directed by FDA. The second bill, the CBD Product Safety and Standardization Act, directs FDA to regulate CBD as the agency would for other food ingredients, setting requirements for quality and labeling, among other areas.
The bills have been endorsed by the U.S. Hemp Roundtable, the American Herbal Products Association, the Council for Responsible Nutrition, the National Cannabis Industry Association, the Indigenous Cannabis Industry Association, Spartan Sword, the Association of Western Hemp Professionals, and the Alliance for Natural Health USA.
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