Specialty Food Magazine

• How much CBD is safe to consume in a day? How does it vary depending on the form in which it's taken? • Are there drug interactions that need to be monitored? • What are the impacts to children, the elderly, and pregnant or lactating women? • What are the risks of long-term exposure? As FDA studies these issues, CBD products have flooded the market. CBD is in sodas, coffee, cookies, barbecue sauce, tinctures, and so on. Statista reports that 2020 CBD product sales in the U.S. were approximately $5 billion. Yet FDA enforcement has been light, only issuing 13 warning letters since January 2020; most of which have been for ridiculous health claims, including that CBD can cure or mitigate COVID-19. Supermarkets and specialty food retailers continue to grapple with the legality of selling these products, despite the fact that many states permit CBD products to be sold. The issue: When CBD products cross a state line, they are illegal. A Patchwork of State Regulations The legality of CBD for non-medical purposes varies by state and is constantly changing. As of July, CBD in some form was legal in 40 states. It was legal with restrictions in seven states—Georgia, Idaho, Mississippi, Missouri, New Hampshire, South Carolina, and North Dakota. It continued to be illegal in Idaho, Iowa, and South Dakota. And it gets even more complicated. For instance: • Maryland: CBD oil is legal but CBD food or beverage products are not. • Michigan: CBD is legal but not in food or drinks. • New York: CBD is legal but it is illegal to process it in food or beverages. • North Carolina: CBD oil is legal but edibles, drink, and food infusions are not. • Ohio: CDB edibles and drinks are banned. And so on. More than 30 states are currently considering cannabis or CBD legislation. The Hemp Access and Consumer Safety Act An unlikely trio—Democrats Ron Wyden and Jeff Merkley from Oregon, and Republican Rand Paul from Kentucky—introduced the Hemp Access and Consumer Safety Act in May. Simply stated, the legislation exempts hemp and hemp-derived products from the condition of the FD&C Act that "prohibits any new dietary ingredient, food, or beverage from entering the market if it has been studied or approved as a drug." The Hemp Access and Consumer Safety Act: • Gives hemp-derived CBD products an opportunity to lawfully be used in dietary supplements, foods, and beverages under the FD&C Act. • Prioritizes consumer safety, requiring manufacturers to comply with all existing federal regulations for products that contain CBD. • Ensures that these products are properly labeled. Senator Merkley wrote, "Every day that the FDA drags its feet to update its CBD regulations, hemp farmers are left guessing about how their products will be regulated, and real economic gains for workers and business owners in Oregon and across the country are left on the table. Hemp-derived CBD products are already widely available, and we all need the FDA to issue clear regulations for them just like they do for other foods, drinks, and dietary supplements." The Consumer Brands Association (formerly the Grocery Manufacturers Association) has rallied to support the legislation. In letters sent to FDA Acting Commissioner Janet Woodcock and Senator Wyden, CBA said that action "is needed to protect consumers; ensure product safety and transparency; establish guardrails for legal product innovation and distribution in interstate commerce; and provide the clarity needed for manufacturers of these products." CBA added that FDA's "inaction is resulting in a marketplace full of CBD-containing products produced in establishments that escape FDA regulations." The bill has been read twice and referred to the Committee on Health, Education, Labor & Pensions, chaired by Senator Patty Murray, Democrat of Washington. With all of the pending legislation facing Congress, it may be awhile before this bill is considered. And the food industry and consumers will continue to be confused by the conflicting regulations on CBD in food and beverage products. Ron Tanner is president of Tanner Food Group and former vice president of education, content & advocacy for the Specialty Food Association. FALL 2021 55

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