Four US trade groups this week called on Congress to pass legislation clarifying that hemp-derived CBD is a lawful dietary ingredient if a supplement meets established safety and quality criteria.
In an open letter to senators, the four organisations – the American Herbal Products Association (AHPA), Council for Responsible Nutrition (CRN), Consumer Healthcare Products Association (CHPA) and United Natural Products Alliance (UNPA) – say that “urgent action” on the issue is needed “given the strong consumer interest in CBD and the rapid the growth in products and sales”.
Current confusion over the legal status of CBD products in the US stems largely from last December’s vote by Congress to lift a longstanding ban on hemp production.
What this didn’t do was change the law that prohibits putting hemp-derived CBD into foods and supplements, which remains in force. In fact, the US Food & Drug Administration, the national regulator in this case, has stated repeatedly that dietary supplements and foods containing hemp-derived CBD cannot be sold legally based on its interpretations of existing and generally applicable provisions of law.
“…it is crucial that Congress take quick action to clarify the legal status of hemp-derived CBD dietary supplements”
Despite this, CBD containing products of varying quality and provenance, have been pouring onto the US market since the beginning of the year.
While the FDA is actively developing new policy on hemp-derived products, the agency has stated it could take three to five years for even an expedited rule-making process to establish a legal regulatory pathway for use of CBD in dietary supplements and conventional foods.
In its letter, the trade associations write: “Given the rapidly growing marketplace of products, it is crucial that Congress take quick action to clarify the legal status of hemp-derived CBD dietary supplements. At the same time, it is equally essential for FDA to have the resources it needs to protect the public from unsafe CBD products.”