A letter to the (Food & Drug Administration) FDA Commissioner Scott Gottlieb was penned by a group of politicians requesting guidance with regards to CBD (cannabidiol). The letter referred to New York City’s ban on food products containing CBD and enforcement actions happening in the states of Maine and Ohio.
Representative Chellie Pingree posted the letter on her Twitter feed. It acknowledged that the FDA had posted a response with regards to CBD following the passage of the 2018 Farm Bill. The letter also noted that there is a “tremendous amount of confusion among product manufacturers, hemp farmers and consumers.”
The letter said, “We are calling on the FDA to swiftly provide guidance on lawful pathways for food products with CBD.” The group asked that answers to the following questions be provided by Friday, February 22.
When will FDA provide guidance on lawful pathways for food products containing hemp-derived CBDin interstate commerce? For example, the GRAS Notification program seems as though it is one such pathway.
When will FDA hold a public meeting on the regulation of food products containing hemp-derived CBD in interstate commerce?
New York City’s Health Department has confused food producers and restaurants as well. The group initially banned all CBD food products, but then reversed course last week and delayed the ban until July 1. The information was sent out in an email to restaurant owners.
The NYC Hospitality Alliance said it has requested the DOH to provide guidance but has received no answers to its requests. “This aggressive enforcement is another example of New York City’s regulatory approach: issue fines first, and educate last. Issuing a violation for using CBD in food and drink is especially ironic to happen when New York is seriously considering legalizing marijuana. Enough is enough. The city must stop finding ways to fine our city’s small businesses.”
One manufacturer of CBD edible products said he was operating “business as usual” apparently unconcerned about the confusion created by the FDA.