The FDA Issues a Stern Warning on CBD...But Does it Signal a Change in Approach? - Food Navigator-USA.com

Will Garvin, shareholder in the firm's Life Sciences industry and co-head of the cannabis group, comments on the potential impacts of the FDA's recent letters warning about legal action related to selling products containing cannabidiol in FoodNavigator-USA's article "The FDA Issues a Stern Warning on CBD...But Does it Signal a Change in Approach?"

"Speaking to FoodNavigator-USA after the FDA warned 15 companies about "illegally selling products containing cannabidiol," and threatened "legal action, including product seizure and/or injunction," William Garvin, shareholder at Buchanan Ingersoll & Rooney PC, said: "It increases the risk that FDA might take enforcement action against you.

"While it is true that FDA has been consistent on the illegality of CBD in foods and dietary supplements, FDA previously had greatly restrained its enforcement action in this space and today's announcement is a departure from that enforcement position with much stronger language.

"This suggests a serious change in enforcement priorities for the agency." 

So what happens next? "I expect there will be a lot of pushback from consumers, companies and politicians against FDA on this issue," predicted Garvin, who expects to see "a lot more lobbying from companies and consumers that support CBD...to see if they can get Congress to support legislation to resolve these FDA issues."