Food producers will likely continue manufacturing CBD products to meet the prodigious demand, and Wiand counsels them above all to “ensure their products do not enter interstate commerce. Additionally, as noted, some state and local governments have taken the position that CBD infused foods are not allowed, and other states that have recently passed comprehensive medical marijuana laws now regulate CBD under those laws and regulations. Accordingly, a food producer or processor should first confirm the legality of using CBD as a food additive in their particular jurisdiction.”
Wiand adds that producers must take care not to make claims about the products that contradict federal and state laws.
“In the past,” she says, “FDA has issued warning letters to companies marketing products that contain CBD with claims that the products are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease. As a general matter, given the regulatory uncertainty surrounding using CBD as a food additive, a food producer/processor should confer with knowledgeable legal counsel to confirm the specific regulatory requirements governing that producer/processor.”