\n\n“But CBD, a cannabis compound also known as cannabidiol, exists in a gray area under federal law, and its exact legality has long been tricky to define. Any substance marketed as a supplement or food additive has to meet safety standards issued by the Food and Drug Administration, and that\u2019s where things have gotten hairy for CBD manufacturers and marketers. Food and drinks that contain CBD have never actually been FDA-approved.<\/p>\n\n\n\n
For years, the FDA hasn\u2019t come down one way or another with guidance on how to regulate, label, or market CBD in supplements and food products. So store shelves proliferated with quasi-legal tinctures and gummies and beverages, all taking advantage of the FDA gray area.<\/a> The FDA has <\/em>warned companies<\/a> selling CBD products and consumers about unproven health claims made by manufacturers, steadfastly holding that CBD doesn\u2019t meet the definition of a dietary supplement \u2014 a position that has been challenged by the industry and consumers as demand for CBD has boomed. Without regulation, however, there\u2019s no way for a consumer to know what, exactly, is in that CBD they bought at the gas station \u2014 or if it contains any CBD at all<\/a>.<\/p>\n\n\n\n In late January, the agency finally issued a decision on CBD, and it\u2019s a potentially damning blow to the industry. The FDA announced<\/a> that it was denying three citizen petitions requesting guidance on CBD; the agency\u2019s existing safety standards for supplements or food additives, it ruled, aren\u2019t sufficient to regulate CBD\u2019s use. Further, it expressed concerns that CBD products could be dangerous, especially with long-term use. Essentially, the FDA has said that CBD is a headache that it doesn\u2019t want to deal with, so it\u2019s kicking things over to Congress to sort out the mess.”<\/p>\n\n\n\n