After nearly 4 years, FDA punts on how to regulate CBDPosted by On


WASHINGTON — The FDA is giving up on trying to figure out a way to regulate CBD on its own. The agency announced Thursday that it is formally calling on Congress for help — and, according to one official, looking for guidance on other hemp products like Delta 8 THC, too.

For nearly four years, the Food and Drug Administration has been laboring to craft a solution that would allow CBD to be legally sold in capsules, gummy vitamins, and various foods, even though the agency also considers the product a prescription drug, which would traditionally bar companies from selling it except at pharmacies. Then-FDA Commissioner Scott Gottlieb stood up a working group in April 2019 aimed at figuring out whether they could stand up a pathway for supplement makers or food companies to sell CBD products legally.

On Thursday, regulators came to the conclusion they can’t do so without help from Congress.

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“The FDA has concluded that a new regulatory pathway for CBD is needed that balances individuals’ desire for access to CBD products with the regulatory oversight needed to manage risks,” said Janet Woodcock, the FDA’s principal deputy commissioner, in a statement.

Thursday’s announcement was light on specifics about the FDA’s preferred approach for regulating CBD. It did not outline a suggested regulatory framework that the agency might pitch to Congress, as officials have done for other tricky regulatory issues, like regulating certain medical tests….

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