Last week, bipartisan federal lawmakers introduced legislation aimed at updating federal rules regarding hemp-derived CBD products. The legislation seeks to ensure that these products are regulated by the U.S. Food and Drug Administration (FDA) in the same way as other legal products found in dietary supplements, foods, and beverages. This move is crucial in protecting consumer safety and treating hemp producers fairly.
The Hemp Access and Consumer Safety Act, introduced by Senators Wyden, Paul, and Merkley, along with Representative Blumenauer, comes in response to the FDA's announcement in January that it does not plan to issue regulations for hemp-derived CBD products.[0] Instead, the FDA has deferred the matter to Congress. This lack of regulation has left consumers at risk and hindered the growth of the hemp industry.
The proposed legislation would give hemp-derived CBD products the opportunity to be lawfully used in dietary supplements, foods, and beverages under the federal Food, Drug, and Cosmetic Act. It would prioritize consumer safety by requiring manufacturers to comply with all existing federal regulations for products containing CBD. Additionally, the legislation would ensure that these products are properly labeled.[1]
The lawmakers behind the bill emphasize that hemp and hemp-derived CBD have been legally grown in the United States for nearly five years.[0] However, the lack of clear regulations has created a regulatory gray area that puts consumers at risk and hinders the progress of producers in the industry. The FDA's failure to regulate hemp-derived CBD products under its existing authorities has prompted the need for new legislation.
Under the current Food, Drug, and Cosmetics Act, any new dietary ingredient, food, or beverage must be studied or approved as a drug before entering the market.[1] The FDA has the authority to exempt certain items from this prohibition, but it has yet to exempt hemp-derived CBD, despite its legalization in the 2018 Farm Bill.[1] The proposed legislation would grant the FDA the ability to regulate hemp-derived CBD like other new dietary ingredients, foods, and beverages.
The lack of regulation for hemp-derived CBD products has been a cause for concern among industry stakeholders. Michael McGuffin, President of the American Herbal Products Association, expressed appreciation for the lawmakers' efforts to resolve the regulatory issues surrounding these products. He stated that Americans deserve assurance that the hemp and CBD products they consume are properly regulated.[0]
The push for regulation comes at a time when there is increasing pressure on the FDA to take action on CBD and hemp products.[2] The 2018 Farm Bill removed hemp and hemp derivatives from the list of controlled substances and legalized the trade of CBD and hemp, as long as the products contain less than 0.3% THC.[2] However, without clear regulations from the FDA, the industry has been left in a state of uncertainty.
In conclusion, the reintroduced Hemp Access and Consumer Safety Act seeks to address the regulatory gap surrounding hemp-derived CBD products. It aims to ensure that these products are regulated by the FDA in the same way as other legal products found in dietary supplements, foods, and beverages. With bipartisan support, this legislation represents an important step towards protecting consumer safety and providing fair treatment for hemp producers.
0. “U.S. Senator Ron Wyden, Colleagues Introduce Bicameral …” goldrushcam.com, 29 Jul. 2023, https://goldrushcam.com/sierrasuntimes/index.php/news/local-news/48036-u-s-senator-ron-wyden-colleagues-introduce-bicameral-legislation-to-update-regulations-to-ensure-equal-and-safe-access-to-hemp-derived-cbd-products
1. “Bipartisan Federal Proposal Seeks to Update Hemp-Derived CBD …” www.ganjapreneur.com, 29 Jul. 2023, https://www.ganjapreneur.com/bipartisan-federal-proposal-seeks-to-update-hemp-derived-cbd-rules/
2. “House hearing tells FDA to act on CBD | Natural Products INSIDER” www.naturalproductsinsider.com, 29 Jul. 2023, https://www.naturalproductsinsider.com/regulatory/house-hearing-tells-fda-act-cbd
