CBD Products Would Face FDA Regulation Under New Law

A bipartisan bill recently introduced in the U.S. House of Representatives would require manufacturers of CBD products to receive approval from the Food and Drug Administration (FDA) before marketing them. On Jan. 13, U.S. Rep. Collin Peterson, a Minnesota Democrat who chairs the House Agricultural Committee, introduced H.R. 5587 in response to growing concerns over the purity and effectiveness of CBD supplements.

If signed into law, the bill would amend the federal Food, Drug and Cosmetic Act, giving the FDA greater regulatory authority over CBD products.

About CBD

Cannabidiol is (CBD) one of many biochemicals found in cannabis (marijuana) and hemp. Unlike tetrahydrocannabinol (THC), the psychoactive component of the cannabis plant), CBD does not produce a “high” or have any consciousness-altering properties. The first CBD-based prescription medicine to receive FDA approval was Epidiolex, a product developed and manufactured by U.K.-based GW Pharmaceuticals, which was green-lighted for the U.S. market in June of 2018.

Epidiolex is indicated for the treatment of two rare, severe forms of epilepsy, known as Dravet Syndrome and Lennox-Gastaut Syndrome.

CBD Products and Manufacturer Claims

Over the past few years, a number of start-up companies have begun offering CBD products in the form of capsules, pills, oils, edibles, liquids, and even vape cartridges and additives. Legally, CBD has been a gray area, and although the FDA has authorized researchers to study it for potential health benefits, it has been largely unregulated. This lack of oversight has allowed manufacturers and sellers of CBD products to make many claims, which may or may not be true.

CBD Concerns

Unlike the prescription drug Epidiolex, CBD supplements have gone unregulated, so consumers who purchase these products do not always know what they are getting. The primary concern is that someone who buys CBD products has no way of being certain they contain the amount of the active ingredient indicated on the label.

This issue has been a cause of action in class action lawsuits filed over the past few years. One CBD supplement manufacturer, Just Brands, claimed that one of its products contained 100 milligrams per bottle. However, independent lab tests reportedly revealed that the actual CBD content was less than half of that. The label of a CBD product made by another company stated that the bottle contained 250 milligrams, but testing failed to detect any CBD at all.

CBD products may also have other ingredients or elements that are not listed on the package label. For example, there are CBD products containing fillers made from other plants, some of which can cause allergic reactions.

While CBD has proven to help control epileptic seizures, the effective dosages for other conditions have not been scientifically established.

A Boon For Hemp Farmers

In addition to providing more certainty for consumers, H.R. 5587 would require the Department of Agriculture to conduct a study and issue a report on current regulatory and market barriers for hemp farmers. Rep. Peterson says his bill “will allow FDA to regulate CBD that comes from hemp as a dietary supplement, providing a pathway forward for hemp-derived products.”

Join a Free CBD Supplements Class Action Lawsuit Investigation

If you purchased a CBD supplement, it may have contained far less of the active ingredient that you were led to believe, and you may qualify to join this CBD supplement class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.