What is the regulatory current state of play with CBD?

May 21, 2019

8 Slides

Since the passing of the Agriculture Improvement Act of 2018 (otherwise known as the Farm Bill), the cannabidiol (CBD) market has been the buzz of the natural products industry. CBD can now be found in everything from supplements to ready-to-drink beverages, candies and snacks to waters and coffees, even in treats for your pets. 

The Farm Bill removed hemp from the Controlled Substances Act and subjected cultivation of the crop to the jurisdiction of USDA. 

While FDA has repeatedly asserted CBD can't be sold as a dietary supplement or added to conventional food, the U.S. marketplace has largely ignored the government in response to voracious demand for products containing the hemp-based compound. FDA is now exploring a possible legal pathway for CBD in supplements and conventional food, although the agency has cautioned a rulemaking could take years. 

Where does that leave CBD as a supplement? What does the future hold for the buzziest ingredient in the indutry? 

At SupplySide East 2018 in Secaucus, New Jersey, Steven Shapiro and Marc Ullman, both of whom are of counsel to the law firm Rivkin Radler LLP, explored the regulatory state of the CBD market. This slide show was adapted from their presentation.

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