FDA Refuses to Regulate CBD Products

The Food and Drug Association announced on January 26 that it would not establish guidelines on CBD as a dietary supplement.

The FDA carefully reviewed the data surrounding CBD products and concluded that there were several safety concerns regarding CBD as a dietary supplement and that regulation was necessary. However, the FDA’s suggestion is for Congress to create a new law or agency that allows regulation of safety concerns that allow individuals to access CBD products.

The FDA’s announcement of postponing regulation means that there is no change for CBD producers, sellers, or customers. This came as a disappointment to many who have been waiting for regulatory laws for four years.

“We have been waiting for four years for FDA to promulgate rules surrounding the use of CBD in dietary supplements and foods, but instead, what we heard from FDA is that it doesn’t have the ability under current frameworks to analyze the health impacts of CBD and therefore punted back to Congress to devise new legislation, a scheme or a regulatory framework for FDA to oversee the products,” lawyer Cori Annapolen Goldberg said.

Postponing a new regulatory structure could backfire for the FDA and Congress, as CBD popularity has gained significant momentum. CBD’s U.S. market size is projected to reach $1.9 billion in 2023 and $3 billion by 2027, according to a report by CannIntelligence.

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