The U.S. Food and Drug Administration has announced a hearing on why it should allow CBD-based food and personal care products to be sold legally. The information page can be found at: https://www.fda.gov/NewsEvents/MeetingsConferencesWorkshops/ucm634550.htm

The Farm Bill of 2019 made hemp cultivation legal, which led many manufacturers of edibles and personal products to assume this gave a green light to add new products to their lines and to expand their distribution. Unfortunately, the celebration came to a halt when the FDA made it clear that it still doesn’t allow CBD-infused food, drink, and personal products such as cosmetics and cremes to be sold legally.

A public hearing is a normal part of the process for a government agency to gather positive and negative information and public sentiment on policy decisions. Comments can be submitted prior to the hearing date to provide information to be considered in the hearing.

If you are a manufacturer, distributor, or retailer of CBD-infused products, consider submitting comments. The topic is “Scientific Data and Information About Products Containing Cannabis or Cannabis-Derived Compounds.” Comments should be confined to this topic.

If you manufacture or prepare CBD-infused products, submit your comments about the process, environmental and health effects associated with the process, the value of your business to the local community, and anything else that you feel supports the benefits of fully legal CBD use in the types of products under consideration.

Similarly, if you are involved in the distribution or retailing of CBD-infused edibles, cosmetics, cremes, and such you might consider submitting customer comments concerning how the product helped a health problem or contributed in some way to wellness without side effects. Comments about how packaging, inventory storage, and display are designed to protect freshness could also be helpful. Again, you might consider information on how your business has been beneficial to your community.

Your professional comments and, if possible, your attendance at the public hearing actually have significant power to influence the FDA’s decision. While it may seem likely that the FDA’s decision will be in favor of allowing CBD as an ingredient in food and cosmetic products, there are powerful interest groups who will show up to the hearing and submit comments against such an outcome. This is your opportunity to show support and add to the body of regulatory knowledge if you want regulations that are favorable to your business,

Here is further information you should know, direct from the FDA: “FDA is establishing a docket for public comment on this hearing. The docket number is FDA-2019-N-1482. The docket will close on July 2, 2019. Submit either electronic or written comments on this public hearing by July 2, 2019. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before July 2, 2019. The regulations electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of July 2, 2019. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.”

The public hearing will be held on May 31, 2019 from 8am to 6 pm at the FDA’s White Oak Campus in Silver Springs, Maryland. The hearing will also be webcast, but times and other details have not been made final. Full information will be available at the information page link listed above.

You can submit a comment here: https://www.regulations.gov/docket?D=FDA-2019-N-1482

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