The U.S. Food and Drug Administration (FDA) issued a press release on the evening of Monday, November 25 concerning its recent enforcement actions and a regulatory decision concerning products that contain cannabidiol (CBD).  The Warning Letters follow FDA’s trend of focusing its CBD product enforcement on unapproved drug claims.  The regulatory decision stated in the press release concerns FDA’s decision that CBD is not generally recognized as safe (GRAS) for use as a food additive.

Continue Reading FDA States CBD Is Not GRAS for Use in Food, Issues More Warning Letters

The Federal Trade Commission (FTC) sent Warning Letters to three companies that sell products containing cannabidiol (CBD) and advertise that the products prevent, treat, or cure disease without substantiation of the purported health benefits.  The products covered by these warnings letters were oils, tinctures, gummies, and dietary supplements.

Continue Reading FTC Issues Warning Letters to Three CBD Companies

Since enactment of the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”), confusion has run rampant over when and where hemp or hemp produced cannabidiol (CBD) can legally be used. Animal food and feed are no exception. Developments at the U.S. Food and Drug Administration (FDA), as well as the actions taken by the Association of Animal Feed Control Officials (AAFCO), should be of particular interest to animal feed and pet food manufacturers interested in expanding into the so-called green rush.  Industry participants should take notice of these changes and evaluate the impact they have on their businesses.
Continue Reading CBD in your Animal Food or Feed? Not So Fast.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently issued an industry circular which makes clear that cannabidiol (CBD), a product derived from hemp, is not permitted in alcohol beverages.

TTB generally consults with the U.S. Food and Drug Administration (FDA) when establishing whether an ingredient for use in an alcoholic beverage is safe. Last December, the Agriculture Improvement Act of 2018, which is commonly referred to as the 2018 Farm Bill, was enacted. The 2018 Farm Bill amended the definition of marijuana under the Controlled Substances Act to exempt “hemp”, which is defined as:

the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Source: 7 U.S.C. 1639 o(1).


Continue Reading TTB Follows FDA’s Lead and Prohibits use of CBD in Alcoholic Beverages