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Lawyers: Congress, not FDA, will legalize CBD in supplements

November 2, 2020, Natural Food Products Insider

Natural Food Products Insider included Miriam Guggenheim’s remarks from  the "Now, New, Next" conference about the legalization of CBD products through Congress, not the FDA. 

Ms. Guggenheim doubts that FDA would be the one to make CBD a lawful dietary ingredient in supplements. “It will happen from Congress. It’s possible that FDA will make a little clearer where it’s not going to enforce, but I don’t think they’re likely to be willing to make a more affirmative statement than that within the next two years,” she says.

She observes that the FDA has received “a significant amount of safety data” related to CBD, and she concludes “there are amounts below which everyone—virtually everyone—can agree that CBD is safe, at least for certain populations.”

“It would behoove the entire industry, as well as the agency, if the agency were to go forward and clarify and clean this up. The CBD context is exactly where you see the folks who would be the responsible players, who would apply the most rigorous GMPs [good manufacturing practices] and identity evaluations for the material … sitting back and waiting for clarity,” she says. The FDA’s inaction means “only those who are willing to take a risk are entering the space, and that shouldn’t be the way the agency incentivizes the industry,” she says.

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