Unraveling Fact from Fiction
Did the 2018 farm bill make it legal to sell CBD in all 50 states?
Did the 2018 farm bill make it legal to sell CBD in all 50 states?
Yes...and no. The farm bill removed hemp from the Controlled Substances Act. The farm bill did not, however, preempt—or bar—states from regulating the production of hemp or limit them from enforcing laws that are stricter than the farm bill. So, while hemp is federally approved, states can individually prohibit production.
Can I put CBD on my label?
Can I put CBD on my label—it’s illegal to sell CBD in dietary supplements and conventional food, right?
No law explicitly prohibits a brand from declaring CBD as an ingredient on its product label. Nor do FDA regulations impose a requirement to disclose constituents of a botanical, such as CBD. However, such disclosure is permitted. Moreover, FDA’s position regarding CBD is not the law, but rather the agency’s interpretation of the law.
Can I republish customer testimonials about our CBD products?
Customers use our CBD products to treat cancer and various other ailments. They’ve shared with us amazing stories of how CBD has changed their lives. We have First Amendment rights; can I can republish testimonials?
No. The First Amendment provides broad protections of free speech—but it doesn’t give a company unlimited rights to endorse or republish its customers’ statements without interference from Uncle Sam — read here, the FDA. Disease treatment claims, including republished testimonials, are prohibited for supplements as per DSHEA. Use structure/function claims instead.
Does FDA have the right to interfere with CBD in products?
The farm bill legalized hemp; so, does FDA have the right to interfere with CBD in products?
Yes. The 2018 farm bill addressed problems that have plagued the hemp industry over the years, including interference by the government agency that enforces the Controlled Substances Act (CSA), the Drug Enforcement Administration (DEA). The 2018 farm bill does not, however, affect or limit the FDA’s authority under the Federal Food, Drug & Cosmetic (FD&C) Act.
Is CBD Legal?
Hemp CBD Consumer Survey Pop Quiz
*Source: Nutrition Business Journal survey conducted Q4 2018 (N=1,090)]
Was CBD first studied as a drug, as FDA claims?
Does FDA’s position on CBD apply to hemp extracts?
What exactly IS the FDA's position related to CBD in food and supplements?
Is my company required to invest in safety studies or research?
Was CBD first studied as a drug before it was marketed as a dietary supplement or food, as FDA claims? And... CBD is found in hemp, which is in foods, so what’s the real deal?
It's complicated. The FD&C Act prevents certain articles from being sold in supplements and foods if the article was subject to a drug trial before being marketed in a food or supplement—and CBD was. This is the basis for the FDAs opinion that CBD is illegal as a dietary ingredient.
Overcoming FDA’s objections is multifaceted and also includes whether drug trials were substantial and well publicized.
In other words, there's not one clear answer to these questions.
Does FDA’s position on CBD apply to me if my label states I’m selling hemp extracts?
Yes. Many U.S. companies aiming to profit on the rising demand for CBD are now selling “hemp extracts” in the United States. The FDA isn’t fooled by nomenclature. Just because you call a wolf a lamb doesn’t make it so.
What is full-spectrum hemp oil?
Hemp CBD Consumer Survey Pop Quiz
*Source: Nutrition Business Journal survey conducted Q4 2018 (N=1,090)]
The FDA recently accepted three GRAS (generally recognized as safe) notices for hemp seed-derived food ingredients that included CBD. This is confusing. What exactly IS the agency’s position related to CBD in food and supplements?
The ingredients in question contained CBD and tetrahydrocannabinol (THC), but only in “trace amounts,” according to the FDA. The seeds may pick up such amounts, the FDA explained in a constituent update, “during harvesting and processing when they are in contact with other parts of the plant.” In a marijuana Q&A regarding the addition of CBD and THC to food, the FDA said its GRAS conclusions do NOT affect the agency’s position and scrutiny.
Is my company required to invest in safety studies or research?
In theory, yes. Dietary ingredients introduced into the US market after October 15, 1994, are required to have a new dietary ingredient (NDI) notification—a dossier of safety and toxicity results. In reality, very few ingredient suppliers have undertaken NDI's and the FDA has rarely gone after companies for violating this tenet of DSHEA legislation.
Does CBD have THC in it?
Hemp CBD Consumer Survey Pop Quiz
*Source: Nutrition Business Journal survey conducted Q4 2018 (N=1,090)]
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Yes
It is a legal grey area
I don't know
No
*Source: Nutrition Business Journal survey conducted Q4 2018 (N=1,090)]
I don't know
It is a plant oil that contains CBD as well as all other cannabinoids found in the plant
It is made from various parts of the hemp plant
Made from hemp seed oil
It is the same as CBD isolate
It is made from the marijuana or hemp plant
No
I don't know
Yes
It depends on what plant it was derived from
Less than 1%
Between 1-5%
