• Jeffrey Townsend

CBD and the Sport Supplement Industry

Since the beginning of the year, our company has seen a huge uptick in inquires relating to CBD infused sport supplement products. We wanted to shed some light on this hot topic because the U.S. Food and Drug Administration (FDA) has yet to provide clear guidance for CBD infused products. Today on the Accelerated Genetix blog, we discuss CBD as it relates to the sport supplement industry.

Industrial Hemp

The 2018 Farm Bill, which legalized industrial hemp, removed the crop from the controlled substance act’s definition of “marijuana”. Because of this new legislation, we’ve already seen increased sales and growth opportunities in the supplement industry. Although we’ve seen a huge boom as it relates to all things CBD, there seems to be little to no information regarding how hemp related products including foods, supplements and cosmetics should go about complying with the basic requirements imposed by the FDA. According to some reports, it’ll be another 18-24 months before the FDA decides regarding the approval of Hemp-CBD products.

Selling CBD Products

If you plan on selling CBD products, until the supplement industry sees full approval from the FDA, it would be smart to show extreme judicious cation when it comes to the marketing of your product. How you label your CBD product is dependent state to state. For states like Indiana, CBD products are placed under extremely harsh rules and regulations when it comes to the label on the product. However, for most of the country, CBD companies can follow the Fair Packaging and Labeling Act (FPL) which states all consumer commodities must be labeled to disclose net contents, identity of commodity, as well as the origin name and place where manufactured or distributed. Companies must place all label statements on the principal display panel (PDP) and place certain statements on the PDP or other information panels including an ingredient statement, a responsibility statement and nutrition statement.

The FDA on CBD

The FDA defines “drugs” as a medicine prescribed by your doctor, where as a “dietary supplement” is not intended to treat any kind of illness. For the last several years, the FDA has stated that CBD must be excluded from the dietary supplement category under the Federal Food, Drug and Cosmetic Act (FDCA) because CBD is an active ingredient in FDA approved drugs and subject to clinical investigations before it can be marketed as a “dietary supplement”. Due to the FDA’s current classification, hemp companies have decided to produce products with hemp extract standardized for total cannabinoid content rather than isolated CBD. Unfortunately using the “hemp extract” method will not ensure legality under the FDA’s guidelines if the concentration of CBD present in the dietary supplement is disproportionate to their naturally occurring levels found in the plant.

Like most sport supplements, manufacturers and distributors should never make any health claims regarding their product because the FDA treats products with labels containing health claims as "drugs" and not food. To be safe, anyone distributing CBD infused products should consult with their attorneys to make sure their product is 100% compliant. For more exciting CBD related supplement news, follow us at Accelerated Genetix on Facebook and Instagram!

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