According to the FDA, the passage of the 2018 Farm Bill has led to the misperception that all products made from or containing hemp, including those made with cannabidiol (CBD), were now legal to sell in interstate commerce, Mackie Research says in a new report.
The result was that storefronts and online retailers flooded the market with a wide variety of new CBD products, including foods, dietary supplements, veterinary products, and, many with unsubstantiated therapeutic claims.
“Currently, CBD cannot be marketed as a dietary supplement, and foods to which CBD has been added cannot be introduced into interstate commerce under the Federal Food, Drug and Cosmetic (FD&C) Act,” writes Mackie analyst, Greg McLeish.
Provisions of the FD&C Act prohibit adding an active drug ingredient to foods or marketing an active drug ingredient as a dietary supplement.
Mr. McLeish said the FDA’s top priority is to protect the public health. “This priority includes making sure consumers know about products that put their health and safety at greatest risk, such as those claiming to prevent, diagnose, treat, mitigate, or cure serious diseases.”
CBD products are also being marketed for pets and other animals. The FDA through the Association of American Feed Control Officials has not approved CBD for any use in animals and the concerns regarding CBD products with unproven medical claims and with unknown quality equally apply to CBD products marketed for animals, he added.
Mr. McLeish said the FDA also has warned companies to stop selling CBD products that claim to prevent, diagnose, treat, mitigate, or cure serious diseases such as cancer, Alzheimer’s disease, psychiatric disorders and diabetes.
