More Work is Needed

WholeFoods asked industry leaders what they think of Senator McConnell as the 2019 Person of the Year—and several also weighed in on the actions they would like to see McConnell take in the future.

“McConnell has certainly been the Person of the Year for the hemp industry—and there isn’t a close second,” Jonathan Miller told WholeFoods. “His advocacy for the crop has been the single most important catalyst for the rapidly growing hemp and CBD industries. Without him, we’d likely be years behind in legalization from where we are now. And I say that from the perspective of a liberal Democrat who disagrees with him on most other issues. That’s how you know I’m telling the truth!”

Loren Israelsen, President, United Natural Products Alliance (UNPA), adds another perspective: “Sen. McConnell, with respect to the hemp issue, has been an Orrin Hatch in that he has advocated on behalf of his state, as well as a nascent industry with tremendous potential,” Israelsen told WholeFoods. “Because of the importance of the agricultural community in Kentucky and his seniority in the Senate, he took the lead on this issue. He’s an advocate and champion for hemp and the markets that will be created, and we look forward to when the full potential of the crop can be realized. But we need his help to create a legal pathway for hemp extracts and cannabinoids in dietary supplements, ideally before this congressional session adjourns.”

Expanding on that, Israelsen explains, “The language in the 2018 farm bill related to hemp removed the onerous DEA Schedule 1 status and opened the door for lawful cultivation of the crop, but it did not create a lawful status for hemp extract ingredients and products as foods or supplements. It’s critical that Congress, working with FDA, create a regulatory pathway for these products in light of clear consumer demand and a marketplace that has gotten ahead of the regulatory structure. Sen. McConnell, in his role as the Senate Majority Leader, is in the best possible position to help make that happen.”

CRN’s Mister notes that, due to his connection to hemp and CBD, McConnell is “an excellent choice” for Person of the Year. He also notes that there is more work to be done. “We have been working closely with McConnell’s office this year, and I think they are really committed to making this a viable ingredient and a very robust marketplace,” Mister added. “He’s got farmers there in Kentucky who are trying to transition out of tobacco into other things, and hemp seems like it is an ingredient that really has the potential to take off and could be a great alternative for those farmers.”

That said, Mister adds, if there is anything that one might say McConnell’s office could have done differently, it would be to not make one key assumption: “They assumed that once they passed the Farm Bill, that FDA would go along with that and would see what this is trying to accomplish. But of course the Farm Bill expressly reserved a legal authority to FDA for products under their jurisdiction, and FDA has been a slow player in all of this—and maybe not the enthusiastic player that McConnell’s office thought they would be. And so we’ve spent all year, and I’m not sure that we’re any further along than we were in December with FDA dragging its feet.” (For more on FDA’s stance, go here.)

The negative to this, Mister maintains: “As FDA is dragging its feet, the market is flooded with CBD products anyway, many of which do not meet basic regulatory requirements for matching what is in the product to what’s on the label, [or] have adverse event reporting, and all those sorts of things. So I think that is his challenge going forward—how to get FDA to get its hands around this marketplace and create a regulatory framework so consumers can have confidence in the products. That’s what’s missing, and that’s absolutely necessary if there is going to be the kind of viable marketplace that he envisioned.”

Mister adds that McConnell’s office will either keep nudging FDA to use its discretion into a rulemaking, or if they won’t: ”I think the Senator’s office is preparing to just do this by legislation instead. They have been very good to work with and certainly understand the issues—and they understand the sense of urgency around this before someone gets hurt and the marketplace implodes because consumers no longer trust it. That’s what we want to prevent.”

Also looking to the future, Dr. Daniel Fabricant, President and CEO of the Natural Products Association (NPA), told WholeFoods: “The Natural Products Association has welcomed our work with Senator McConnell and leaders in Congress to press FDA to set standards for the growing CBD and hemp markets, as well as maintaining rules for dietary supplements and natural products. The future of the U.S. hemp industry and the farmers and producers who provide it are directly tied to smart regulations for CBD, which includes FDA establishing a safe level of consumption so consumers are protected. NPA is pleased to be the only association to have helped secure legislative language to move this important process forward.” NPA also noted that the association supports legislation currently under consideration in the U.S. Senate that would require the FDA, on an expedited basis, to perform a Health Hazard Evaluation (HHE) and set a safe level of CBD for consumers to use each day.

While McConnell has certainly played a big part in the events of the year, Karen Howard, CEO and Executive Director of the Organic & Natural Health Association (O&N), looks beyond his actions. “Sometimes, oftentimes, change is driven by constituent influence on the Hill,” Howard says. “This is fortunate. Most of the time, change is driven by special interests. That’s good, when it’s our interests. More times than not we are out spent, out spun, and in the end have a high risk for being undone. Occasionally there is an influential leader in Congress with a vision that encompasses interests larger than that of constituency or commerce. This is not Senator McConnell, or any one particular Member of Congress. Yes, he is the champion of hemp, and more importantly hemp farmers. Yes, he has supported organic. Yes, he also supports fossil fuels. And yes, hemp has definitely influenced our industry, though I am not sure it is for the best. After years of great leadership on the Hill, commitment by the founders of this industry and dogged work to ensure adherence to the regulatory requirements for dietary supplements, consumers are now victim to the wiles of CBD wannabes and their rabid claims, while retailers are left stranded by the flight of merchant vendors to far less greener pastures for fear of legal retribution. This is an unintended consequence of wanting to spark a bonanza for small farmers to be sure, but the consequences imperil the reputation of this industry as a whole. My vote goes to DSHEA@25. Its influence is what is driving consumers to use CBD, building the value of the industry, shaping the outcome of this quagmire, and hopefully forcing this genie into a regulatory box. DSHEA@25 is the influencer of this industry and we are the caregivers that give it voice on Capitol Hill. As caretakers, we’ll take every bit of support we can find to nurture, including that of Senator McConnell.” WF