The USDA is moving forward, putting strong regulations on the plants that are grown and what is and isn’t allowed. While farmers are up in arms, they are still grateful that the USDA is at least moving forward. How the federal government regulates this new industry will determine largely how well it does in the coming years.
This is reasoning is why companies are frustrated at the slowness of the FDA to release similar regulations. The plants are heavily controlled, but once they get to the shelves, it’s a free for all.
The reason for the FDA’s reluctance is that it still has concerns over how safe CBD actually is. The agency claims it needs more data before it can safely decide to move forward with regulation.
Frustration from companies is because they are completely left in the dark. The agency isn’t even giving any guidance as to what they intend to do with their policy. When this important regulation will be released is still in the dark too. There are hopeful hints that next year will see changes, but the FDA is actually under no timeline to review all the public comments they have received and make up their minds. They will be able to work through the 4,500 public comments at their leisure, and will most likely take a considerable amount of time doing it.
Companies are having to compete with more and more companies because of the low barrier to entry, and they are unable to distinguish good products from unscrupulous ones.
All the FDA has said is that no food products or supplements are currently legal under the law. The enforcement of this, however, is extremely lax to none. While companies should technically have to submit a new drug application to put anything in food, which would cost them a hefty sum, the FDA isn’t enforcing this right now.