States Could Take Bloom Off Growth Of CBD Supplement, Food Market
State regulators are biggest threat to CBD-containing supplement and food marketers, say food and drug lawyers. Some states, not all, track federal laws with their regulations while others dig in their heels against sale and transport of products.
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As FDA moves slow on allowing CBD as a dietary ingredient, a marijuana reform law is a near-term possibility and would cause a “nuclear shift” about cannabis regulation and sway agency's decision, says cannabidiol firm CV Sciences executive.
Although agency is prioritizing enforcement on hemp and CBD supplement and food products marketed with violative claims and allowing sales of products compliant with its regulations, the approach is not enforcement discretion, officials say. It's aware some companies are marketing hemp and CBD products "in ways that violate the law," and its "biggest concern" is products "that put the health and safety of consumers at greatest risk."
USPTO says because FDA's official regulatory position, despite its current enforcement discretion, is that CBD, hemp are not eligible as dietary ingredients, it will not approve trademarks for foods, beverages, supplements or pet treats containing CBD "even if derived from hemp, as such goods may not be introduced lawfully into interstate commerce."