Background

The Food and Drug Administration has issued warning letters to 15 companies for selling products containing cannabidiol (CBD) in ways that violate the Federal Food, Drug, and Cosmetic Act. The agency states that it cannot conclude that CBD is generally recognized as safe (GRAS) for use in human or animal food based on the lack of scientific information supporting such a determination.

According to the FDA, CBD is marketed in a variety of product types such as oil drops, capsules, syrups, food products such as chocolate bars and teas, and topical lotions and creams. The companies receiving the warning letters are ostensibly using product webpages, online stores, and social media to market CBD products in interstate commerce in ways that violate the FD&C Act, including marketing CBD products to treat diseases or for other therapeutic uses for humans and/or animals. Other violations, according to the FDA, include marketing CBD products as dietary supplements and adding CBD to human and animal foods.

The FDA states that these actions come as the agency continues to explore potential pathways for various types of CBD products to be lawfully marketed. This includes ongoing work to obtain and evaluate information to address outstanding questions related to the safety of CBD products while maintaining the agency’s rigorous public health standards. Current FDA safety concerns regarding CBD include potential liver injury, interactions with other drugs, drowsiness, diarrhea, and mood changes.

For more information, please contact customs and trade attorney Lenny Feldman at (305) 894-1011.

Copyright © 2023 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

ST&R: International Trade Law & Policy

Since 1977, we have set the standard for international trade lawyers and consultants, providing comprehensive and effective customs, import and export services to clients worldwide.

View Our Services 

Close

Cookie Consent

We have updated our Privacy Policy relating to our use of cookies on our website and the sharing of information. By continuing to use our website or subscribe to our publications, you agree to the Privacy Policy and Terms & Conditions.