CBD Scrutiny May Signal Broader FDA Enforcement Trend

By Lauren Farruggia, Megan Robertson, Gail Javitt, Brian Hedgeman and Jack Wenik (April 9, 2019, 12:47 PM EDT) -- On April 2, 2019, the U.S. Food and Drug Administration issued a statement by FDA Commissioner Scott Gottlieb announcing the agency's latest enforcement actions taken against companies allegedly engaging in unlawful marketing of cannabidiol, or CBD products.[1] Coming just days before Gottlieb's departure from the agency, this news otherwise is unsurprising given recent CBD legislative and enforcement initiatives at the federal and state level.

The FDA first forecast its intention to step up enforcement against CBD products in a December 2018 press release issued on the heels of the passage of the Agriculture Improvement Act of 2018, or the Farm Bill.[2]...

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