November 22, 2022

FDA Warns Companies Selling Foods and Beverages Containing CBD – Congress Must Act!

FDA Warns Companies Selling Foods and Beverages Containing CBD - Congress Must Act!

The FDA is at it again… this time going after CBD foods and beverages.

Yesterday, the U.S. Food and Drug Administration (FDA) posted warning letters to companies “illegally selling products containing cannabidiol (CBD)” claiming that the products may cause people confusion with traditional foods or beverages, such as coffee and tea, resulting in unintentional or overconsumption of CBD. In some cases, the companies also sold animal products, dietary supplements, and topical products that contain CBD, delta-8 THC, and/or other cannabinoids.

The FDA’s greatest concern, however, seemed to be CBD products being sold in forms that appeal to children, which they somehow argue include gummies, hard candies and cookies.

Additionally, the FDA shared this resource on its website which continues correlating CBD to potential risks associated with liver injury and harm to the male reproductive systems, despite a recent study released earlier this year demonstrating otherwise. The FDA also notes concerns related to CBD and caffeine, which has not been previously mentioned by the agency, citing evidence suggesting that CBD may increase and/or prolong caffeine’s effects.

This recent action by the FDA indicates the agency’s lack of urgency and reluctance to regulate CBD products, making it clear that Congress must act on behalf of our industry.

U.S. Hemp Roundtable General Counsel, Jonathan Miller, told Food-NavigatorUSA: “It’s become ever more apparent that Congress needs to act expeditiously to require FDA to establish a regulatory pathway to govern food and beverage products where CBD is an additive.”

There are currently two bills that would empower the FDA to regulate CBD as a food and beverage. H.R. 6134 would ensure foods and beverages containing CBD derived from hemp conform with the current FDA requirements for food additives or be generally recognized as safe “GRAS,” while S. 1698 permits hemp-derived CBD in both dietary supplements and foods.

Now, more than ever, we need movement from your members of Congress!

Please visit and fill out the online forms asking your Congressional leaders to back these bills, demanding action from the FDA. It just takes a moment of your time. Our industry is counting on Hemp Supporters like you to speak up on behalf of farmers, manufacturers, retailers and consumers that rely on CBD every day.

Contact Your Members Of Congress Today!