New York, NY--Four legislators from both political parties have reintroduced a bare-bones bill designed to motivate the U.S. Food and Drug Administration (FDA) to initiate CBD regulations.
[Representative image via Bing]
The Hemp Access and Consumer Safety Act seeks to update federal standards, ensuring hemp-derived CBD products are regulated as dietary supplements, foods, and beverages under the federal Food, Drug, and Cosmetic Act (FD&C Act).
Breaking Through the Regulatory Gray Zone
“Despite 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,” said Sen. Ron Wyden, an Oregon Democrat who is one of the bill’s sponsors, as per a report. “The FDA says it needs Congress to act. We’ve got the bill to ensure equal and safe access to hemp-derived CBD.”
Prioritizing Safety Amidst Regulatory Hurdles
The bill's reintroduction comes after an ongoing dance between lawmakers and the FDA regarding CBD since the 2018 Farm Bill legalized industrial hemp and its derivatives. Congress has consistently urged the agency to establish rules for the unregulated compound sold as extracts, gummies, teas, supplements, and other ingestible.
The report noted that in January, the FDA finally announced that the existing safety standards were inadequate for managing the industry. They called on Congress to address the compound through legislation, allowing the agency to formulate regulations.
Under the FD&C Act, any new dietary ingredient, food, or beverage is prohibited from entering the market unless studied or approved as a drug. The FDA can exempt new foods from this prohibition but has yet to do so for hemp-derived CBD.
The new law aims to grant this opportunity to hemp-derived CBD products, emphasizing consumer safety and obliging manufacturers to adhere to existing federal regulations, including appropriate labeling.
A Step Towards Regulatory Certainty
The bill's introduction precedes a congressional hearing to discuss potential CBD market regulations. The session is also likely to address the FDA’s inability to control synthetic delta-8 THC, a psychoactive compound derived from CBD. The massive proliferation of delta-8 products across the U.S. over the past three years has escalated health concerns.
Sen. Wyden is sponsoring the bill in the Senate, while Oregon Democrat Reps. Jeff Merkley and Earl Blumenauer are representing the bill in the House.
Per the report, the proposed law has garnered support from various organizations, including the Consumer Brands Association, the Wine and Spirits Wholesalers of America, the Hemp Roundtable, the American Herbal Products Association, the Oregon Farm Bureau, Vote Hemp, and the National Industrial Hemp Council.