FDA Commissioner Signals Potentially Permitting Low-Level CBD Foods in the Marketplace

On February 27, 2019, Food and Drug Administration Commissioner Dr. Scott Gottlieb provided the strongest signal to date that the FDA would take action to potentially permit low-level CBD foods in the marketplace, which would provide greater certainty to the hemp industry while normalizing CBD in the marketplace.

Appearing before the U.S. House Appropriations Subcommittee[i], Dr. Gottlieb responded to questions from U.S. Rep. Pocan (D-WI) and U.S. Rep. Pingree (D-ME), stating, during the course of his remarks, that (1) he has established a high-level working group at the FDA, and (2) FDA is planning a public hearing in April. Dr. Gottlieb also stated that he would consider returning to Congress if the established FDA process looks like it will take several years to complete. His statements are positive indicators for the hemp industry, which has struggled to thread the needle between state and federal regulation since the passage of

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