Several States Crackdown on Edible CBD
This week, local and state authorities are cracking down on foods that contain CBD technically known as cannabidiol. Public health officials in New York City, Maine, and Ohio have banned the sale of all foods that contain CBD, citing US Food and Drug Administration guidelines. North Carolina started to follow suit on Wednesday (2/13/2019). As more cities and state jump on the bandwagon, the FDA is remaining silent on the crackdown, for the most part.
Officials from the FDA haven't clarified whether they are behind the move, even though there's a strong impression that it's a coordinated effort because it has spread across multiple non-adjacent states.
The Federal Food, Drug, & Cosmetic Act (FD&C Act) prohibits prescription drugs from being added to foods. Such as, Epidiolex which is a prescription anti-seizure drug that has CBD as its main ingredient.
Health officials in these areas have visited businesses making and selling CBD drinks and foods to warn them to stop selling these products or they will face potential penalties. The products have not been confiscated but they can not be sold. North Carolina has done the same by sending out warning letters. In all cases, officials have cited the FD&C Act.
Some businesses fear that this could be the start of a nationwide sweep to prevent smaller businesses from profiting on selling CBD by authorities. From the way it sounds, big businesses may have a hand in this. CBD is no longer classified as a drug so you do not need a prescription for it. It will not get people high so it has no psychoactive effects. In our opinion, it should be more classified like a vitamin where many are made into edibles.
Other businesses hope that this will bring more regulation and structure because in some cases the products have been widely unregulated. In turn that would improve the market for CBD, it would help more people and they wouldn't get turned off because of buying a poor product. Regulation is necessary for what people put in their bodies.
However, the FD&C Act makes it clear that dietary supplements that contain prescription drugs are also not acceptable. So far, we don't know of any businesses that have been contacted regarding CBD supplements.
Businesses that sell lotions, consumable oils, and even capsules containing CBD haven't been directly affected by the latest crackdown. It is only targeting food that contains CBD, at least for now. Florida, on the other hand, has taken it a step further citing their current state laws.
Currently, the FDA is monitoring and scrutinizing all products that could pose risks to consumers. If they fear of risks, they will take enforcement actions and warn consumers. Particularly, the FDA is concerned about a large number of claims being made about drugs that say they contain CBD and other cannabis compounds.
It's still not clear whether the FDA is the main force behind the movement but there will be more to come.
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