LEGAL ALERT: FDA sends warns 15 companies for allegedly selling CBD products that violate the FD&C Act (FDA)

FDA sent warning letters to 15 companies for allegedly selling products containing cannabidiol (CBD) in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). In a press release, the FDA stated that based on the lack of scientific information supporting the safety of CBD in food, it cannot conclude that CBD is generally recognized as safe (GRAS). Previously, the FDA had primarily maintained that CBD was prohibited in conventional food products because substantial clinical investigations were initiated and made public on a drug containing CBD. FDA continues to explore potential pathways for various types of CBD products to be lawfully marketed and plans to provide an update on its progress in the coming weeks.

FDA highlighted specific concerns in the warning letters, including: