FDA Enforcement Priorities Clarified by FDA Commissioner


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Outgoing FDA Commissioner Scott Gottlieb Final Testimony Before Congress Raises CBD Questions

Today the Senate Appropriations Subcommittee was questioned about products containing hemp derived CBD products now that hemp is considered legal under the 2018 Farm Bill Law passed by Congress last year. Senators raised questions about regulations facing growers, producers, retailers, & consumers of the popular CBD laws as related to industrial hemp. Many states themselves are grappling with the tasks of clarifying enforcement of laws related to hemp and CBD oil products derived from hemp-based marijuana. Uncertainty in the laws have slowed the fast growing industry, and many of Congress members constituents are asking for guidance on the rules.

Commissioner Gottlieb said that the agency was acting using there best discretionary judgments, and seem to be more focused on pursuing producers of CBD Oil products who are making untested claims about their products. One example the commissioner used was claims of curing cancer or other terminal illnesses. While many CBD product makers make some claims, it seems as if they are looking for the more fraudulent players in the industry.

Another issue that was raised in the hearing was concerns about how CBD will be classified by the FDA, with the commissioner recommending Congress to act on defining CBD. The big question is going to be whether or not they consider CBD oil derived from hemp as a drug or a food additive, making comparisons to the fish oil market. This is the same questions many state legislatures are struggling with, so maybe this can get federal legislatures on the ball with clarifying the CBD rules at a national level, which could help with guidance among the states. See the whole hearing excerpt about CBD oil here via Senator Tammy Baldwins YouTube channel:

Much more work needs to be done in clarifying rules and regulations in regards to CBD oil products derived from hemp, but at least lawmakers are now talking about it. More guidance could help further the industrial hemp industry boom, and help grow the hemp pilot programs in states where it is already legal. Stay tuned to our blog for more news on CBD legislation and regulations.


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