NPA Works With States As FDA Fails to Regulate CBD Marketplace
WASHINGTON – The Utah State Legislature yesterday passed a resolution urging “The United States Congress and the President of the United States to act quickly to protect American consumers by requiring the United States Food and Drug Administration to issue product quality and safe consumption guidelines for cannabidiol products.”
The resolution introduced by Senator Curtis S. Bramble, can be viewed here.
“This is another example of the states filling a vacuum created by the federal government’s inaction. As an industry, we must continue working with policymakers at the state and national level to make real progress on regulating the growing CBD marketplace,” said Daniel Fabricant, Ph.D. President and CEO of NPA.
The FDA recently announced that it will reopen the comment period for last year’s CBD hearing. The original comment period, which collected nearly 4,500 comments from public health experts, the natural products industry, and the general public, ended last July and will remain open indefinitely, according to the FDA.
The Natural Products Association (NPA) worked with lawmakers in Utah to pass the resolution and is continuing to work with the U.S. Congress to pass legislation to set a safe level of consumption for CBD. The U.S. Senate is currently considering legislation passed by the House of Representatives that would appropriate $100,000 for the FDA to perform a Health Hazard Evaluation (HHE) and set a safe level of CBD for consumers to use each day. The process would follow the same precedent as red yeast rice, which allows a natural product to contain a level of a drug ingredient that the FDA has determined to be safe. With the exception of Epidiolex, all CBD products in the U.S. are considered illegal by the federal government.
New developments related to CBD are also providing policymakers with more urgency to act:
- The UK’s Food Standards Agency recently set deadline for the CBD industry to provide more information about CBD products and their contents. It also advised vulnerable groups not to take CBD, and healthy adults to take no more than 70mg a day.
- The Food Safety Authority of Ireland (FSAI) recently recalled various CBD foods and food supplements due to unsafe levels of delta‐9‐tetrahydrocannabinol (THC).
- A new study from Cornell University revealed that high THC levels in hemp may be more likely due to genetics than growing conditions. During the research, the team also learned that as many as two-thirds of the seeds they obtained of one hemp variety – which were all supposed to be low-THC hemp – produced THC above the legal limit of 0.3 percent, underscoring how risky is it for farmers to grow the plant.
- A recent Freedom of Information Act (FOIA) request filed by NPA for CBD inspection data revealed that the FDA had only inspected four firms that manufactured CBD and only tested three CBD products for THC. There are over 1,500 products that contain CBD on the market.
- The Department of Transportation recently warned workers about using CBD, saying Federal employees could still lose their jobs if they test positive for THC.
Recent NPA Actions on CBD:
- NPA led a legislative effort to secure language in the FY 2020 House Agriculture Appropriations bill to appropriate $100,000 for the FDA to perform an HHE and is leading a grassroots effort urging the Senate to act.
- On Oct. 17, 2019, NPA published a poll that shows 70 percent of registered voters believe FDA should have already established safety standards for CBD products.
- On May 31, 2019, NPA testified at the FDA’s first public hearing on CBD.
- On March 14, 2019, NPA submitted official comments to the FDA concerning approaches to CBD regulation that will also help facilitate the discussion.
- On October 24, 2018, NPA sent a letter to FDA asking for regulatory leadership on CBD products.
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Natural Products Association
The Natural Products Association (NPA) is the trade association representing the entire natural products industry. We advocate for our members who supply, manufacture and sell natural ingredients or products for consumers. The Natural Products Association promotes good manufacturing practices as part of the growth and success of the industry. Founded in 1936, NPA represents over 700 members accounting for more than 10,000 locations of retailers, manufacturers, wholesalers and distributors of natural products, including foods, dietary supplements, and health/beauty aids. Visit www.npanational.org.
