While the 2018 Farm Bill legalized hemp, it does not automatically allow for CBD to be included in food and beverages. This is because the FDA’s stance under the Federal Food, Drug, and Cosmetic Act is that CBD cannot be legally marketed in conventional food items or dietary supplements. Although both hemp and marijuana belong to the cannabis family, hemp extracts contain CBD, a non-psychoactive compound that does not produce the high associated with tetrahydrocannabinol (THC). Hemp does have trace amounts of THC, but products sold legally in the U.S. must contain no more than 0.3% of it.
The FDA is particularly wary of drug claims associated with products containing CBD or other cannabis-derived substances that have not received agency approval, as noted by Gottlieb. Any products advertised as having therapeutic effects must first be approved for their intended use, similar to any other human or animal drug. “Cannabis and cannabis-derived products that claim to be used for diagnosing, treating, mitigating, or preventing diseases—such as cancer, Alzheimer’s, psychiatric disorders, and diabetes—are classified as new drugs and must undergo the FDA drug approval process before they can be marketed in the U.S.,” Gottlieb explained.
Meanwhile, food and beverage manufacturers are not waiting idly to introduce these products. CBD is being added to a broad array of items, from beverages like water, coffee, cocktails, and iced tea to foods such as ice cream, salads, milk, and even children’s cereal and pet treats. Notable innovations include California-based SNAAK CBD, which claims to enhance sports performance but is only available in California and online, along with Spring’s line of CBD-infused sodas sold in New York, Florida, Nevada, and Illinois.
Large food producers appear to be adopting a cautious approach before incorporating CBD or hemp into their offerings, leading to a proliferation of products from smaller companies. However, as the industry expands and new products reach retail shelves, this trend may soon shift. The market for CBD and hemp-derived goods is already substantial, with manufacturers and marketers preparing for nationwide distribution. According to Capital Press, a report from New Frontier Data revealed that U.S. CBD sales surged nearly 40% in 2017, reaching $367 million. The total retail value of all U.S. hemp products, including food, was estimated at $820 million last year, according to the Agricultural Marketing Resource Center.
This growth trajectory is expected to continue; by 2022, the market for hemp-derived CBD is anticipated to reach $22 billion, as reported by the Brightfield Group. This potential market expansion explains the FDA’s urgency to clarify its regulatory authority to all involved parties. Additionally, with a new congressional session beginning, there may be efforts to legalize CBD in all food and drink products across the nation, contingent on the establishment of a revised oversight and safety framework.
Looking ahead, the ongoing federal government shutdown may present a temporary hurdle to the FDA’s plans for holding public meetings and clarifying—or potentially altering—its regulatory oversight of interstate commerce involving foods and beverages that contain CBD and hemp. Nevertheless, the growing public interest in this matter could drive urgency, as Gottlieb emphasized that the increased focus on this issue “makes it even more crucial for the FDA to clarify its regulatory authority over these products” following the passage of the law.
To meet nutritional needs, some consumers might also consider adding supplements like calcium citrate 950 mg tablets to their diets, which could complement their wellness approach alongside CBD products.