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US Senators Ron Wyden (D-Ore.), Rand Paul (R-Ky.), and Jeff Merkley (D-Ore.) introduced legislation on May 21 to ensure hemp-derived cannabidiol (CBD) is regulated by the US Food and Drug Administration (FDA) like other ingredients used in dietary supplements, foods, and beverages.
Under the Federal Food, Drug and Cosmetic Act (FFDCA), it is unlawful to introduce into interstate commerce a food (including any animal food or feed) to which has been added a substance that is an active ingredient in an approved drug product, or a substance for which substantial clinical investigations have been instituted and the existence of such investigations has been made public. FDA has approved one drug, Epidiolex®, which contains CBD. Consequently, because CBD has been approved as a drug ingredient, FDA’s current legal position is that CBD cannot be legally contained in a dietary supplement or food product. Notably, this restrictio