In this episode, CGL partner Jenny Gumer joins us to discuss some regulations around CBD products. Currently, the regulatory landscape for CBD products is a total mess and the only road out of all this confusion is if the FDA changes its stance on CBD and introduces federal regulations. Once (and if) that happens, states will then align their regulations with the federal regulations, resulting in increased uniformity and certainty.
Until then, it’s going to continue to be tough to navigate the CBD regulatory landscape, and impossible to comply. And so, the trick is to balance the risk of enforcement against the costs of compliance, and for businesses to make decisions based on their individual risk profiles and strategic goals.
Ultimately, any company selling CBD products should seek advice from an experienced attorney in the state the products are being manufactured, as well as any state where they’re selling a significant number of products. This will help the company cover its bases with local manufacturing regulations as well as align labeling with state regulations where most products are being sold.
In this episode, you will hear:
- Federal laws around CBD products
- Why you need to avoid making any health claims about your product
- Why the FDA doesn’t allow CBD in food and dietary supplements.
- The exclusionary rule
- How states are stepping into this regulatory void
- What the state regulations look like
- Tips for navigating CBD laws in the U.S.
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Episode Script prepared in collaboration with Obiter Marketing
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