As a consumer, you expect that the food you buy from the grocery store is safe for consumption. And the government has steps and regulations in place to ensure that all food and beverage products available for purchase and consumption are safe for use.
That’s precisely why the US Food and Drug Administration (FDA) exists, so that consumers can rest easy knowing that they’re consuming products that have passed a few tests before they’re made available.
But what about CBD-infused foods and beverages? They’re currently not regulated by the FDA, so how can consumers be certain that what they’re consuming is actually safe to use?
Not only that, but are CBD-infused food products even legal? Are companies that sell CBD food products breaking the law by marketing foods and drinks that are infused with CBD?
Plenty of research has already been done on CBD and its beneficial effects on overall health and wellness. And apart from that, there’s plenty of anecdotal evidence to support the benefits of CBD.
But CBD in food and beverage products is still illegal at the federal level. Even though the 2018 Farm Bill legalized hemp, the FDA still has the authority to regulate products with hemp- or cannabis-derived cannabinoids. That said, it’s illegal to market CBD in a food product under federal law, but many CBD food companies are doing this, and the FDA is aware of it.
Any time CBD or any cannabinoid from cannabis or hemp is added to FDA-regulated foods, beverages, cosmetics, or supplements in interstate commerce—and marketed as containing such cannabinoids—the FDA has legal enforcement over them.
Considering this, as well as the fact that there seems to be a real demand for CBD foods among the general public, the FDA is seriously contemplating So much so, in fact, that a meeting regarding this very topic was recently held in May where scientific information about food products with cannabinoids was discussed.
Up until recently, most of the CBD products out there have been in the form of lotions, tinctures, oils, and capsules sold in local- or state-level dispensaries. But with food products—particularly those that are sold and distributed across state lines—the issue of legality comes to light.
Despite the explosion of CBD’s popularity in the medical and wellness sphere, questions still loom about how safe CBD is and whether companies may be placing themselves at risk for legal action by marketing their products in an FDA-regulated world before the necessary legal framework has been ironed out.
Since hemp has long been associated with marijuana, the research behind safe dosages and long-term effects of CBD is still somewhat lacking. Until then, the FDA is under some pressure to hash out its regulations surrounding CBD food products, and the companies that develop and market them may need to tread lightly in an unregulated environment.
