Regulatory

While the number of confirmed cases of COVID-19 continues to rise worldwide, the food and beverage industry has been forced to swiftly adjust to the crisis. Just as consumers have changed their shopping habits by racing to grocery stores to stock up before indefinite periods of self-quarantine, many brands and entrepreneurs have fast begun tailoring their messaging to comment on the virus. Others are seizing the moment to promote products with immunity boosting properties, through social media posts, press releases and eblasts.

In a report submitted yesterday to Congress, FDA commissioner Stephen Hahn noted the agency still lacks enough evidence to say CBD ‘can’t hurt.’ While the FDA is “actively considering potential pathways for certain CBD products to be marketed as dietary supplements,” the agency is still seeking more scientific evidence — especially to support CBD’s safety in food.

Fifteen years after submitting a proposed rule to the Federal Register to establish principles for food standards of identity updates, the FDA is extending its comment period, noting advances in manufacturing, food technology, market trends and nutrition science since 2005. Comments will be accepted until April 21, 2020.

The FDA’s new Nutrition Facts label regulations went into effect January 1 for companies with over $10 million in annual sales, and the agency issued final guidance to address questions submitted by the industry.

The FDA yesterday issued 15 warning letters to CBD companies and updated its advice for consumers to follow while regulations are developed. Citing numerous safety concerns and a lack of scientific information, FDA said it cannot recognize CBD as generally recognized as safe (GRAS) for use in human or animal food.

Here are a few recent developments in the past week on the U.S. government’s plans to regulate hemp and CBD.

Just in time for the Fourth of July, Upton’s Naturals and The Plant Based Food Association (PBFA) are asserting their own independence against the state of Mississippi with a lawsuit to push back against new labeling laws. “It’s just ridiculous,” Upton’s founder Daniel Staackmann said about the new Mississippi law. “Perhaps the city of Hamburg should sue the meat industry in the United States for using [that term]?”

FDA updates ‘Added Sugars’ requirement, Thrive removes CBD and hemp and more in this week’s Checkout.

The FDA’s first hearing on cannabis products provided few concrete answers on exactly how and when it will regulate the emerging marketplace of CBD products. In the following days, NOSH spoke with a handful of industry experts to assess their reactions.

For a natural remedy meant to ease anxiety, the CBD market has become a place of confusion — not calm. On Friday, the FDA held its first hearing on cannabis products, including CBD food and drink products.