January 13, 2020 | less than a minute read

CBD in food and beverages: Companies react to FDA warnings

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Claudia Springer

Partner

Get in touch

Claudia Springer

Partner

Reports are in that many large companies have stalled the production of edible products containing CBD in light of FDA warnings about safety. The Wall Street Journal recently reported that several large food and beverage producers have halted work on products containing cannabidiol given the FDA's recent warnings that insufficient research exists to determine whether CBD is safe to consume. In order to fit within the definition of ‘industrial hemp” as such term is used in the 2018 Farm Bill, CBD may not contain more than .3 percent of THC, the compound that produces the "high" effect. A group of companies has formed a consortium to have an independent tests performed on the CBD compounds contained in their products. If the test proves favorable, these companies would presumably present the results to the FDA for approval of the compounds. All of this takes time of course and the result may be that smaller companies with a higher tolerance for risk, produce products that contain CBD, notwithstanding FDA warnings.

Companies must submit research on CBD’s use in food to the FDA before it can be certified safe for consumption. Some CBD manufacturers have joined forces to conduct research to present to the FDA. Their group, called ValidCare, said it met with the FDA in December and is conducting a liver toxicity study with the University of Kentucky. The FDA has said it is considering whether to review CBD through the relatively shorter process for approving food additives and dietary supplements or a longer process for reviewing new drugs. The 2018 Farm Bill legalized the cultivation of industrial hemp, from which CBD is extracted. Sales of foods and drinks containing CBD are rising even without FDA approval. Hemp Industry Daily estimates that revenue from hemp-derived CBD products exceeded $1 billion in 2019 and will climb to $10 billion by 2024.

www.wsj.com/...