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Mitch McConnell Introduces Bill Amendment That Would Compel FDA to Issue CBD Enforcement Discretion Policy

Senate Majority Leader Mitch McConnell (R-KY) has introduced language into a Senate appropriations bill that would require FDA to issue temporary guidance on enforcement related to products containing cannabidiol (CBD). 

The amendment, which was shared with the U.S. Hemp Roundtable, would require FDA to provide Congress with a report on how it will develop its enforcement discretion policy and how it will evaluate CBD for use in FDA-regulated products within 90 days of passage.  Within 120 days, FDA would be required to issue its enforcement discretion policy for CBD. 

The market for CBD products is rapidly increasing, and the regulation of CBD in foods and supplements has not kept pace.  McConnell has shown a great interest in limiting the regulatory uncertainty faced by hemp farmers in his state of Kentucky, where hemp production is replacing tobacco production. 

© 2020 Keller and Heckman LLP


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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...