While the 2018 Farm Bill legalized hemp, this does not automatically allow for the inclusion of CBD in foods and beverages. The FDA maintains that under the Federal Food, Drug, and Cosmetic Act, CBD cannot be legally sold in conventional food items or dietary supplements. Hemp and marijuana are both part of the cannabis family, but unlike marijuana, which contains the psychoactive compound THC that produces a high, hemp extracts contain CBD, a non-psychoactive compound. Hemp does have trace amounts of THC, but products sold legally in the U.S. must contain no more than 0.3% of this substance.
The FDA is particularly wary of products that make drug claims but have not been approved by the agency, especially those containing CBD or other cannabis-derived compounds. Any products marketed for therapeutic purposes must receive prior FDA approval for their intended use, akin to any other human or animal drug. Gottlieb noted that cannabis and cannabis-derived products that claim to assist in the diagnosis, treatment, or prevention of diseases—such as cancer, Alzheimer’s, psychiatric disorders, and diabetes—are classified as new drugs or new animal drugs and must undergo the FDA drug approval process before being marketed in the U.S.
Despite these regulatory hurdles, food and beverage companies are actively introducing products that contain CBD. This compound is being used to enhance a variety of beverages, including water, coffee, cocktails, and iced tea, as well as numerous food items like ice cream, salads, milk, children’s cereal, and pet treats. For instance, California-based SNAAK CBD promotes its product as a means to optimize sports performance, although it is only available in California and online. Similarly, Spring offers a line of CBD-infused sodas in New York, Florida, Nevada, and Illinois.
Larger food manufacturers appear to be taking a cautious approach, opting to observe the market before adding CBD or hemp to their offerings, which has allowed smaller companies to lead the charge in this space. However, as more participants enter the market and new products become available, this dynamic may shift quickly. The market for CBD and hemp-derived goods is already substantial, with manufacturers gearing up to operate on a national scale. According to a report from New Frontier Data cited by the Capital Press, U.S. CBD sales surged nearly 40% in 2017, reaching $367 million, while the total retail value of all U.S. hemp products, including food, was estimated at $820 million last year.
These upward sales trends are expected to persist. By 2022, the hemp-derived CBD market is projected to reach $22 billion, according to Brightfield Group, underscoring the FDA’s urgency to clarify its regulatory oversight to all stakeholders as soon as possible. With the new congressional session commencing, there may also be efforts to legalize CBD in all food and beverage products nationwide, contingent on the establishment of a revised oversight and safety framework.
Looking ahead, the current federal government shutdown may present a temporary obstacle to the FDA’s plans to hold public meetings and clarify its regulatory framework regarding the interstate commerce of foods and beverages containing CBD and hemp. Nevertheless, the rising public interest in the matter could foster a sense of urgency to address these challenges. As Gottlieb remarked, the growing demand for clarity regarding regulatory authority over these products is more pressing than ever.
On a related note, the popularity of supplements such as calcium citrate tablet 500 mg is also on the rise, reflecting a broader trend of consumers seeking out health-enhancing products. As the market evolves, it will be interesting to see how both CBD and other health supplements, like calcium citrate tablet 500 mg, fit into the regulatory landscape and consumer preferences.