Ice Cream Tech Hot Topic – FDA Policy and Pathway for Cannabidiol (CBD) in Foods

The Food and Drug Administration currently prohibits companies from adding Cannabidiol (CBD) to food, drinks and supplements and from making any therapeutic claims about products containing CBD. FDA also prohibits the sale across state lines of food, supplements and other products containing CBD.

“There is interest among food and beverage manufacturers to sell products with CBD added as a functional ingredient,” said Cary Frye, IDFA senior vice president of regulatory affairs. "That's why we've added it to the agenda for this year's Ice Cream Technology Conference."

Farm Bill and FDA 

The 2018 Farm Bill legalized the use of industrial hemp, and FDA has acknowledged the potential opportunities that CBD, a derivative from hemp, might offer to consumers. The agency has committed to pursuing an efficient regulatory framework for allowing product developers to lawfully market these types of products.

In fact, FDA Commissioner Scott Gottlieb testified before the House Appropriations Committee on February 27, saying the agency will hold public hearings on CBD in April to develop a set of rules that would govern the cannabis-based compound in food and other uses. 

It's unclear, however, whether Gottlieb’s planned departure from FDA will thrust uncertainty into any CBD regulations. 

“The fact that FDA is undertaking an effort to consider a pathway for CBD to be used in food is positive, but the process may take considerable time," said Frye. 

Elizabeth Fawell, partner at Hogan Lovells US LLP, will provide for much needed clarity on the topic of CBD use in foods at Ice Cream Technology Conference, April 16-17 in St. Petersburg, Florida. Fawell will discuss the hurdles of current regulations and new details about FDA’s plans to pursue alternative pathways for CBD regulation.

Registration for the Ice Cream Technology conference is available online.

For additional information on how FDA’s requirements apply to cannabis and cannabis-derived products, visit FDA's webpage with answers to frequently asked questions.

For more information about Ice Cream Tech, please contact Melissa Lembke at mlembke@idfa.org.