As this volatile year of the Hemp Industries growth comes to an end it’s not without regulatory hurdles. On November 15, the U.S. Food and Drug Administration issued warning letters to 15 companies for illegally selling products containing cannabidiol (CBD) in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). The FDA also published a revised Consumer Update detailing safety concerns about CBD products more broadly. To be clear, it is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement. However, the FDA, medical and science communities are still working to bridge the gap on safety and use. Until a unified decision is reached there will be discrepancies. The FDA will always error on the side of caution even to the extreme in an effort to maintain what they believe is public safety.
The 15 companies who received the warning letters are:
- Koi CBD LLC, Norwalk, California
- Pink Collections Inc., Beverly Hills, California
- Noli Oil, Southlake, Texas
- Natural Native LLC, Norman, Oklahoma
- Whole Leaf Organics LLC, Sherman Oaks, California
- Infinite Product Company LLLP, dba Infinite CBD, Lakewood, Colorado
- Apex Hemp Oil LLC, Redmond, Oregon
- Bella Rose Labs, Brooklyn, New York
- Sunflora Inc., Tampa, Florida/Your CBD Store
- Healthy Hemp Strategies LLC, dba Curapure, Concord, California
- Private I Salon LLC, Charlotte, North Carolina
- Organix Industries Inc., doing business as Plant Organix, San Bernardino, California
- Red Pill Medical Inc., Phoenix, Arizona
- Sabai Ventures Ltd., Los Angeles, California
- Daddy Burt LLC, dba Daddy Burt Hemp Co., Lexington, Kentucky
In addition to these letters, Hemp-derived CBD brands Charlotte’s Web and Infinite Product Co. have both been hit with proposed class action lawsuits filed in California. That alleges they misled consumers by marketing their products as dietary supplements when FDA has specifically said this is illegal.
In short. The hemp industry as a whole is a state of growth and regulatory tape from farming to processing and to distribution. It will take a few years for this industry to settle down and have documented guidelines for production, use and sales. Until then do your homework and be your own advocate. Know your source and make sure all of the products you purchase come with supporting legal documents like a certificate of analysis.