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CBD Rules In Limbo As FDA Grapples With New Cannabis Era

Law360
10.28.2019

Allison Fulton, a Life Sciences and FDA partner, commented on the FDA's new and changing regulations on cannabis and cannabis products as the industry continues to grow. The FDA recently held a hearing attempting to gain more information on cannabis and cannabidiols. Allison notes that, "It's like they're begging industry for information that it has on CBD" and that it will take too long for the agency to collect all related materials on their own. She also "suggested the FDA could pass a regulation allowing the introduction of CBD, but that it wouldn't do so without more data," and that "the FDA could decide to accept new dietary ingredient or food additive applications for CBD that back up the products' claims with science. While it wouldn't override the statutory concern, the FDA could use its enforcement discretion to not enforce the FDCA against products with certain science-backed characteristics."

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