Sage Datko  |  January 27, 2020

Category: Legal News

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The FDA has yet to regulate CBD.In December 2018, President Trump signed the Farm Bill, which legalized the industrial production of hemp and hemp-derived CBD. Since the legalization of CBD, the CBD product industry has exploded, with retailers selling CBD gummies, CBD coffees, CBD lotions, CBD vape pens, and more.

CBD does not contain any psychoactive cannabinoids, and is touted by proponents of the substance as a way to relieve stress, anxiety, and pain. The CBD industry is expected to grow to at least $23 billion by 2023.

Does the FDA Regulate CBD?

However, although these products are widely popular, CBD is a relatively new addition to the market and has not yet been subject to intense scrutiny and review. Although the U.S. Food and Drug Administration released a statement in November 2019 indicating that CBD may be harmful or cause negative side effects, there is a limited amount of research into the capabilities and drawbacks of the substance.

According to former FDA Commissioner Scott Gottlieb, it may take several years of review before guidelines are developed and the FDA begins to regulate CBD products. Until then, the FDA has cracked down on companies that add CBD to food products or advertise CBD products as dietary supplements. However, despite the FDA’s reluctance to allow the sale of CBD supplements, some lawmakers are attempting to bypass the organization.

On Jan. 15, a group of lawmakers in the House of Representatives introduced H.R. 5587. This proposed bill would amend the federal Food, Drug, and Cosmetic Act in order to allow CBD to be classified as a dietary supplement. If the bill passes, the FDA will be required to allow the sale of CBD supplements, despite the lack of testing done on these products.

While consumers wait for the FDA to begin regulating the CBD industry, many consumers have stepped in to test these products themselves. While many CBD products advertise a certain level of CBD per gummy or bottle of lotion, independent testing conducted on these products indicates that many of the retailers selling these products have misrepresented the levels of CBD. As the FDA does not yet regulate CBD, it is fairly easy for companies to mislabel these products.

According to testing done on 47 CBD products conducted by Leafly in 2019, about half of tested CBD products contained within 20 percent of the amount of CBD advertised on the label. However, 23 percent of these products contained less than 80 percent of the advertised dosage, and 11 percent contained no CBD at all.

As CBD products are often sold at a high markup, consumers who have purchased mislabeled CBD may have overpaid for these items. Brands under investigation for potential CBD mislabeling include Avid Hemp Gummies, Ceres Bounty, Eco Sciences, Experience CBD Gummies, Freedom Wellness, Funky Monkey, Green Machine Pods, Green Roads CBD, Hawaiian Health, Heady Harvest Gummies, Magic Puff Hemp Disposables, New World CBD, Pheel Goodz, Puur CBD, Wellbies, Yolo CBD, and Zilla Pods.

If you purchased CBD products and believe that they may have been mislabeled, you may be eligible to hire a qualified attorney and file a class action lawsuit against the manufacturer or distributor. Victims of CBD mislabeling may be able to recover reimbursement for these products, as well as additional compensation.

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.

Get a Free Case Evaluation Now

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

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11 thoughts onDoes the FDA Regulate CBD?

  1. Carin Carnevale says:

    add me

    1. Joey Hill says:

      Add me

  2. Stacey Killian says:

    Please add me I’ve used it lots & still do.

  3. Sandy says:

    Please add me as I’ve purchased cbd oil as well

  4. Terry OHara says:

    I bought this stuff from feels and it doubled my anxiety! So disappointed.
    Please add me.

    1. Donna Patrick says:

      please add

  5. Robert Goudin says:

    Add me please

  6. Alice eunice Behrens says:

    Please add me to claimant list. I purchased the OIL

    not knowing content

  7. Ranjan Patel says:

    Add me

  8. Barbara daum says:

    Add me

  9. Suzanne Johnson says:

    add please

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