Skip to content

FDA and CBD: No Pain Relief Anytime Soon for Industry

May 31, 2023

The FDA held a “stakeholders” call on May 25 to present information on how it reached its present stance concerning CBD and to answer a few questions. FDA’s presentation included its assessment of survey data concluding that the predominant uses of CBD are ingestion resulting in multiple adverse health effects. Based on its findings, FDA concluded that the safety profile for CBD ingestion does not fit into the definition of a food additive, but requires a health safety/”harm reduction” analysis, and tossed this politically charged hot potato to Congress.

FDA is telling Congress to carve out a new regulatory pathway for CBD, FDA is looking for something short of drug approval and akin to dietary supplements. FDA does not anticipate the new regulatory category to be “food,” leaving in serious doubt whether manufacturers will be permitted to use it as a food additive. On the bright side for industry, FDA is not considering any premarket approval requirement.

FDA’s position is that the Farm Bill merely removed hemp from the controlled substances prohibition leaving it to other agencies to determine how it may be used. In this regard, FDA flatly refutes that “CBD is legal” or that “Delta-8 THC is federally legal.” Nonetheless, FDA is clearly resigned to CBD eventually having a regulatory pathway to the marketplace, its comments regarding higher concentration THC products termed “intoxicants” are another matter entirely.

Subscribe for the latest

Subscribe

Related

Event

2025 California Labor and Employment Law Symposium

Join Clark Hill for a full-day symposium exploring the most pressing legal issues facing California employers today. Our California Labor & Employment attorneys, along with colleagues from our Immigration and Cybersecurity/Data Privacy groups, will provide practical insights, legal updates, and strategic guidance across a range of workplace topics. Whether your role is in-house counsel, HR leadership, or company executive, this event is designed to equip you with the tools to help navigate California’s ever-evolving employment landscape.

Explore more
Event

Webinar: End of Year Privacy Check-In: What’s Changed, What Hasn’t and What’s Happening in 2026

Attendees will gain insights specific insight into the definition of ADMT under the new rules, common in-scope use cases and requirements, risk assessment and cybersecurity audit obligations and expectations for regulatory focus in 2026. You’ll walk away with a “check-list” of compliance priorities for 2026.

The session will provide practical guidance for legal, compliance, and business teams preparing for compliance deadlines and navigating emerging privacy risks.

Explore more
Event

2025 Illinois Labor & Employment Law Symposium

Join us for a complimentary half-day seminar designed for legal, HR, and business professionals navigating today’s rapidly changing work environment. Our experienced attorneys will share timely insights, practical strategies, and legal updates to help you stay compliant, mitigate risk, and lead with confidence.

Explore more