Recent actions taken by FDA threaten to cool investments in the CBD market. Lawyer Robert Hoban weighs in.

February 25, 2016

The CBD industry has been flourishing in recent years.

Stories in the national media have highlighted the purported medical benefits of CBD, including its ability to treat epilepsy patients, while an increasing number of states across the nation have legalized cannabis for medicinal and recreational uses.

The natural products industry has sought to capitalize on these trends by marketing CBD as a hemp supplement.

But recent actions taken by FDA threaten to cool investments in the CBD market. In recent warning letters, FDA has reiterated its position that CBD doesn't qualify as a dietary supplement. Whether FDA will take further actions targeting marketers of CBD supplements remains to be seen.

But the odds are good that regulators and industry will continue to clash over the status of CBD.

In this episode, Josh Long, INSIDER’s legal and regulatory editor, and cannabis attorney Robert Hoban discuss:

·         FDA warning letters to marketers of CBD supplements;

·         The Drug Enforcement Administration’s (DEA) classification of CBD as a marijuana derivative; and

·         Legislation on Capitol Hill to resolve disagreements and ambiguities surrounding the cannabis industry.

Links and Resources:

INSIDER blog reporting on FDA warning letters to marketers of CBD

o   http://www.naturalproductsinsider.com/blogs/insider-law/2016/02/fda-targets-cbd-supplements-author-josh-long.aspx

·         FDA warning letters

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484989.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484970.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484947.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484968.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484979.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484941.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484973.htm

o   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm484987.htm

·         FDA Q&A on medical marijuana

o   http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm421168.htm

·         Website of Hoban & Feola LLC

o   https://hobanandfeola.com/

Got feedback? Email Josh Long at [email protected], or tweet to @NatProdINSIDER using the hashtag #INSIDERpodcast

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