Earlier this year The Food and Drug Administration (FDA) began seizing various cannabis products from store shelves. These implementing measures reflected the implementation of the position of the Agency according to which CBD cannot legally be sold for human consumption, regardless of the source from which it originates.
Some states, including countries that have adopted the Industrial Hemp Research Program under the 2014 Farm Act, now seem to have taken this FDA status by banning certain CBD-infused products from local stores
Last Friday, several New York City restaurants, bakeries and bars were forced to stop selling CBD-infused food and beverages. Officials with the Ministry of State Health have seized these products as "embargoes". The embargo process consists of product identification, specification and removal. The body has not yet published a public statement or provided further information on these measures, but it appears that the state health inspectors have explained to the companies concerned that the CBD cannot be used as a food additive.
This statement was similar to the Department of Health and Human Services (DHHS). Earlier last week, the Maine health authorities informed companies that they had to remove all CBD-infused foods, tinctures and capsules from their shelves. Maine DHHS stated that CBD was an unacceptable food when it was based on an internal report by the State Prosecutor's Office of the Government, which concluded that CBD could not be used on the mass market until Maine's hemp system received federal approval under the 2018 Farm Bill. an additive that the FDA does not recognize as safe.
Section 201 (s) of the Food, Drug and Cosmetics Act (" FD & C Act ") defines a "food additive" that covers all substances that can reasonably be expected to affect directly or indirectly part of a food. Until the food additive has been tested and found safe for its intended use, it is considered dangerous. A food additive is considered safe if, in the opinion of the competent investigators, there is reasonable assurance that the substance is not harmful to its intended use and condition. If a food additive is added to the food prior to FDA approval, its presence will make the food counterfeit and under control.
Since the FDA has not yet been approved as a food additive for CBD, is it wise that hemp CBD products, especially edible and infusions, are considered dangerous under FD & C.
Although CBD feeds and other CBD products for human consumption have been set by the state health authorities, they told the business owners concerned that they could continue selling CBD products, which could be "burned, steamed, worn, or ointment". This is because cosmetics and smoking products are less compliant with FDA regulations than food and food supplements. However, this is likely to change as the FDA undoubtedly relieves of the plan to adjust hemp CBD products soon.
These recent enforcement measures, such as New York and Maine, are threatening to bring this fast growing industry and remind the industry that the business and legal aspects of selling hemp CBD products are in constant flow.
We continue to monitor this issue and update you on CBD enforcement actions in other countries. Until then, don't hesitate to contact our offices for more information on the legal status of the state and federal hemp CBD law and policy.