February 21, 2020
By: Andrew Neiman
“A new House bill (H.R. 5587), introduced on January 13, 2020 calls for amending the Federal Food, Drug, and Cosmetic Act to change the way the Food and Drug Administration regulates hemp derived CBD products. Specifically, the bill would order the FDA to allow the marketing of cannabidiol (“CBD”) as a dietary supplement and food additive.”
“Specifically, the bill would amend Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) by inserting “(other than hemp-derived cannabidiol or a hemp-derived cannabidiol containing substance)” after “an article”. Section 201(ff)(3)(B) would therefore state that “[t]he term “dietary supplement”. . . does. . . not include. . . an article [other than hemp-derived cannabidiol or a hemp-derived cannabidiol containing substance] that is approved as a new drug under section 355 of this title. . .”
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