The 2018 Farm Bill expressly reserved the FDA’s jurisdiction over manufactured hemp products. Put another way, any manufactured hemp product (including hemp-derived CBD) products must meet applicable FDA requirements and/or standards. With that regulatory backdrop in mind, here are three fundamental CBD tips:

1. Visit the FDA’s website early and often. It contains information specific to CBD, as well a wealth of information about the FDA’s inner workings and legal standards.
2. Research the FDA’s Food, Drug, Medical Device, Animal/Veterinary, and cosmetic classifications. CBD products must meet all FDA requirements related to a given classification in order to be legally sold.
3. Evaluate any proposed marketing campaign prior to a client’s product making it to market. Put yourself in the shoes in the shoes of a typical consumer evaluate whether the marketing makes any misrepresentations or unsubstantiated medical claims.

These tips are straight forward, but are often glossed over by CBD companies at bringing new products to market. Don’t let your CBD clients fall into this trap.

DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.