Reintroduced Bill Seeks Legal Pathway for CBD in Food

On July 20, U.S. Senators Ron Wyden, D-Ore., Rand Paul, R-Ky., and Jeff Merkley, D-Ore., and U.S. Representative Earl Blumenauer, D-Ore., reintroduced legislation, called the “Hemp Access and Consumer Safety Act,” to ensure hemp-derived CBD products are regulated by the FDA like other substances used in dietary supplements and foods. In summary, the Act would:

• Give hemp-derived CBD products an opportunity to lawfully be used in foods and dietary supplements under the FD&C Act;

• Prioritize consumer safety, requiring manufacturers to comply with all existing federal regulations for the products that contain CBD; and

• Ensure that these CBD products are properly labeled.

The reintroduction of the Act comes six months after FDA’s January 2023 statement regarding the Agency’s approach towards CBD and its application in the food and drug industry. Specifically, the FDA, with the help of a high-level internal working group, concluded that a new regulatory pathway for CBD was needed and that the Agency expects to collaborate with Congress on this matter, although a timeline for action was unknown.

Of the Act, Senator Wyden stated that “[d]espite being legally grown in the United States for nearly five years, hemp and hemp-derived CBD are still in a regulatory gray zone that puts consumers at risk and holds producers back. […] The FDA says it needs Congress to act. We’ve got the bill to ensure equal and safe access to hemp-derived CBD.” The bill is endorsed by various advocacy organizations and trade associations, including U.S. Hemp Roundtable, Wine and Spirits Wholesalers Association, Vote Hemp, and numerous others.