Josh Long, Associate editorial director, Natural Products Insider

December 3, 2021

2 Min Read
U.S. lawmakers introduce CBD food bill

Four members in the U.S. House of Representatives on Thursday introduced a bill that would create a national regulatory framework for hemp-based CBD in food and beverages.

The “CBD Product Safety and Standardization Act of 2021” would establish standards for hemp-derived CBD in food and direct FDA to issue regulations for labeling and packaging requirements, as well as conditions of use.

FDA also would be required to set a maximum amount of CBD-containing food per serving.

The bill is focused on food other than dietary supplements, the subject of previous CBD legislation in the Congress.

“CBD products are exploding in popularity, but the lack of federal regulation surrounding them has put consumers at risk and left businesses looking for clarity,” Rep. Kathleen Rice, a Democrat from New York, said in a press release.

Rice added the bill “will establish the clear regulatory framework needed to provide stability for business and ensure unsafe products stay off shelves.”

Rice introduced the bill along with Reps. Morgan Griffith (R-Va.), Angie Craig (D-Minn.) and Dan Crenshaw (R-Texas).

FDA has proclaimed U.S. law forbids adding CBD to conventional food—or marketing the cannabis-derived compound in dietary supplements—because it was first studied as a drug.

Related:Congress introduces bill to legalize hemp CBD supplements

But by failing to establish national rules, FDA critics maintain, the public health agency has inhibited growth in the sector and failed to adequately protect consumers from unsafe and mislabeled products. Those in favor of a national framework also have complained that a patchwork of state regulations is unduly burdensome for businesses.

“Demand for CBD products has surged, but Food and Drug Administration regulations do not reflect this new reality,” Griffith said in the lawmakers’ press release. “As a result, adulterated or unsafe products are available that threaten consumer health. The CBD Product Safety and Standardization Act would require the FDA to address the issue and ensure more certainty in the CBD marketplace.”

Griffith is a co-sponsor of a bill introduced in February, H.R. 841, that would legalize hemp-derived CBD in dietary supplements, provided such a supplement complies with the relevant requirements of the Federal Food, Drug & Cosmetic Act. The bill has dozens of co-sponsors and could eventually be the subject of a hearing in the House Committee on Energy and Commerce.

The latest CBD bill drew the support of the U.S. Hemp Roundtable and Consumer Brands Association.

Betsy Booren, senior vice president of regulatory and technical with the Consumer Brands Association, whose members include food and beverage companies, described the new bill in the lawmakers’ press release as “a welcome step toward giving consumers consistency and promoting safety that goes across state lines.”

 

About the Author(s)

Josh Long

Associate editorial director, Natural Products Insider, Informa Markets Health and Nutrition

Josh Long directs the online news, feature and op-ed coverage at Natural Products Insider, which targets the health and wellness industry. He has been reporting on developments in the dietary supplement industry for over a decade, with a focus on regulatory issues, including at the Food and Drug Administration.

He has moderated and/or presented at industry trade shows, including SupplySide East, SupplySide West, Natural Products Expo West, NBJ Summit and the annual Dietary Supplement Regulatory Summit.

Connect with Josh on LinkedIn and ping him with story ideas at [email protected]

Education and previous experience

Josh majored in journalism and graduated from Arizona State University the same year "Jake the Snake" Plummer led the Sun Devils to the Rose Bowl against the Ohio State Buckeyes. He also holds a J.D. from the University of Wyoming College of Law, was admitted in 2008 to practice law in the state of Colorado and spent a year clerking for a state district court judge.

Over more than a quarter century, he’s written on various topics for newspapers and business-to-business publications – from the Yavapai in Arizona and a controversial plan for a nuclear-waste incinerator in Idaho to nuanced issues, including FDA enforcement of the Dietary Supplement Health and Education Act of 1994 (DSHEA).

Since the late 1990s, his articles have been published in a variety of media, including but not limited to, the Cape Cod Times (in Massachusetts), Sedona Red Rock News (in Arizona), Denver Post (in Colorado), Casper Star-Tribune (in Wyoming), now-defunct Jackson Hole Guide (in Wyoming), Colorado Lawyer (published by the Colorado Bar Association) and Nutrition Business Journal.

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