Since the passage of the 2018 Farm Bill, the hemp CBD industry has been eagerly awaiting FDA CBD regulations. In that time, FDA convened a working group to study how the agency would regulate CBD foods and dietary supplements. As of January 26, 2023, the FDA concluded that it will NOT regulate CBD foods or dietary supplements.
FDA and the States on CBD since the Farm Bill
Before jumping into the post, it bears noting that the FDA has taken the position, literally since the day the 2018 Farm Bill was passed, that CBD foods and dietary supplements violate the Food, Drug & Cosmetic Act. Nevertheless, it has issued only periodic warning letters and taken minimal actions against the CBD industry beyond these letters. The agency has also tended to focus more on egregious misconduct.
In the face of the FDA’s limited responses, states have filled the void with their own regulations, though we always knew the FDA was considering CBD food and dietary supplement regulations.
Now, the FDA is declining to move forward with regulations but has indicated that it would work with Congress if it passes separate CBD legislation. This is because the FDA concluded that its existing