Companies Want to Sell CBD Food and Beverages; Food and Drug Administration Gives Mixed Responses

Several major food and beverage companies—such as Molson Coors, Anheuser-Busch, and Mondelez International—recently expressed their interest in selling products containing cannabidiol (CBD), but the US Food and Drug Administration (FDA) have not given any indication this will happen soon. These companies have either already launched CBD-products or have expressed interest in the market, though most companies are waiting for clear guidelines and a regulatory pathway from the FDA (1).

In an article by STAT (1) it was reported that: “Technically all products containing CBD, or cannabidiol, are illegal under FDA’s rules—regardless of whether they’re a dietary supplement sold at the Vitamin Shoppe or a CBD seltzer from Whole Foods. But the FDA is showing itself particularly concerned about the latter.”

In contrast to its position on food and beverage products, the FDA has been considering regulatory fixes to allow companies to legally sell supplements containing CBD. “They seem to concede that there should be a pathway for dietary supplements, but they seem opposed to food and beverages,” said Jonathan Miller, the general counsel of the Hemp Roundtable, which lobbies for companies that produce CBD products (1).

The FDA has previously raised concerns with the health effects of CBD on vulnerable populations, overconsumption, and with legislation introduced by a bipartisan group of House lawmakers to legalize CBD food and drink products (1). Lawmakers are replying to the FDA by pointing out that the administration would have complete authority regulating the labeling, packaging, and serving of CBD products, and also by asking for information on how it gathers its data (1). These latest contentions are part of the larger, years’ long struggle to regulate the CBD market.

Reference

1. https://www.statnews.com/2022/09/20/cbd-food-and-drink-regulation/