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FDA Defers to Congress For CBD Food and Supplement Regulations

By Leo Bear-McGuinness

Published: Jan 27, 2023   
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The US Food and Drug Administration (FDA) will not write any rules to regulate the marketing of CBD as a dietary supplement or food item in the US, the agency has announced.

Instead, the FDA says it is “prepared to work” with the US Congress to move regulations forward.

CBD, unregulated

According to the FDA, CBD raises various safety concerns.

“Studies have shown the potential for harm to the liver, interactions with certain medications and possible harm to the male reproductive system,” the agency wrote in its recent announcement.

As such, the agency says CBD consumers would benefit from industry safeguards and oversight, such as CBD content limits and a minimum purchase age rule.

However, this oversight, the agency has concluded, will have to come from Congress.

“The FDA looks forward to working with Congress to develop a cross-agency strategy for the regulation of these products to protect the public’s health and safety,” the agency wrote in its statement on January 26.

The federal agency made its decision following a “careful review” of the potential regulatory pathways of CBD products in the US.

While the US CBD industry now awaits action from Congress, the FDA says it will continue to take action against CBD products and companies that it deems a threat to public health.

“We will remain diligent in monitoring the marketplace, identifying products that pose risks and acting within our authorities,” the agency wrote.

The FDA’s announcement comes days after the agency released its finalized guidance for the clinical study of cannabinoids.


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