Convinced that even through our hemp-based diet, we can still get the best from this magical plant, the cbd.fr continues to develop its food range, which we intend to expand!
We are keeping a close eye on these issues and below we offer an interesting article providing an overview of the current legal situation in the USA regarding food products distributed in the United States. This article was written by Tommy Tobin, a lawyer who writes about food legislation and policy in the USA; it was published on Forbes on December 31, 2019.
We have translated this article for your convenience.
Enjoy the read and thank you to Tommy Tobin
CBD in food and beverages: 3 developments to watch in 2020
While CBD products are becoming widespread, new legal developments are expected in 2020 that could affect how these products are marketed and sold in certain jurisdictions – GETTY
The cannabidiol (CBD) industry experienced significant growth in 2019, and the industry is expected to expand further in the new year. In the absence of clear federal guidancein the US, sellers of CBD products, particularly those in the food and beverage sector, should monitor how three developments could affect their products and the industry as a whole.
- Additional clarification from the FDA:
The U.S. Food and Drug Administration (FDA) announced in November 2019 that the agency had numerous " unanswered questions and data gaps regarding the toxicity of CBD " and issued more than a dozen warning letters to sellers of CBD products. The FDA 's updated consumer update stated that marketing CBD "by adding it to a food or labeling it as a dietary supplement" is illegal. In its announcement, the FDA noted that it continues to explore "potential pathways for various types of CBD products to be marketed legally" and plans to provide an update on its "progress regarding the agency's approach to these products in the coming weeks." With the November announcement and warning letters in mind, manufacturers of CBD products, especially those in the food and beverage categories, should watch closely to see how the FDA clarifies and strengthens its position on CBD products in the new year.
- State and local action:
Without clear federal guidelines, states have created a regulatory patchwork of often conflicting rules across the country. As one headline put it, “Headaches abound as states try to clarify the CBD landscape.” Some states, like Maryland, have declared it illegal to add CBD to food products. Similarly, New York City regulators have embargoed food and beverages containing CBD. Note media reports that city officials have ordered at least five restaurants to stop selling food and beverages containing CBD, and that enforcement of the embargo includes fines ranging from $200 to $650. For 2020, the industry should watch how states continue to take action in the absence of clear federal guidance. For example, New York State recently passed a new law, effective March 2020, that establishes a regulatory framework for the sale of CBD products within the state. State representatives are expected to release new regulations expanding on the law in the coming weeks.
- Class action litigation
Given the ambiguity surrounding the applicable regulations for CBD products, particularly those in the food and beverage industry, litigation between individuals is expected to increase in the coming year. Several federal class-action lawsuits have already been filed against CBD product manufacturers, alleging that these products are "illegal to sell" and therefore violate state consumer protection laws. While the CBD industry has been anticipating a "flood" of class-action lawsuits for some time, the lawsuits already filed suggest that the " CBD floodgates are opening ."
Federal and state regulators are considering further action in the coming year. The same is true for other private parties, who are poised to file potential class-action lawsuits given the "language of recent FDA statements and the widespread availability of CBD products." Various beverage companies should be aware of these developments in the coming year.
References :
Article source: https://www.forbes.com/sites/tommytobin/2020/12/31/cbd-in-food–beverage-three-developments-to-watch-in-2020/#2a3292a56c23
https://www.forbes.com/sites/tommytobin/2020/12/31/cbd-in-food–beverage-three-developments-to-watch-in-2020/#2a3292a56c23
https://www.fda.gov/news-events/press-announcements/fda-warns-15-companies-illegally-selling-various-products-containing-cannabidiol-agency-details
https://www.fda.gov/news-events/press-announcements/fda-warns-15-companies-illegally-selling-various-products-containing-cannabidiol-agency-details
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