‘A continuing pattern of antagonism by FDA toward CBD in food and beverages’: Experts weigh in on recent warning letters

‘A continuing pattern of antagonism by FDA toward CBD in food and beverages’: Experts weigh in on recent warning letters

December 5, 2022, Food Navigator

Brian Sylvester's commentary was included in an article appearing in Food Navigator regarding FDA-issued warning letters sent to brands selling CBD-infused foods and beverages. While some of the warning letters were not especially unusual, the letters were different to earlier ones from the agency about CBD, indicating a shift in FDA approaches to the ingredient.

According to Brian, "while none of the violations alleged are new, FDA has raised concern about a broader scope of CBD-containing products."

"Specifically, what's striking here is that, until now, FDA has focused its CBD warning letters on products bearing claims to diagnose, cure, mitigate, treat or prevent various diseases rendering the product an unapproved new drug in FDA's view in violation of the FDCA," Brian said.

Brian also states, "Here, one of the 5 warning letters issued on November 16, 2022 makes no unapproved new drug changes at all. Instead, the letter only makes an adulteration charge based on an assertion that CBD is an unapproved food additive, and also reinforces FDA's position that CBD cannot be legally used in a food under the exclusionary clause of the FDCA."

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