Direct Selling Association CBD Memo: Ingestible CBD-Infused Products Violate DSA Code of Ethics

The Direct Selling Association (DSA) issued a memo last month concerning CBD. The memo stated, “ . . . it is the determination by this office that the sale of ingestible CBD (cannabidiol-based oils) products such as foodstuff, nutritional supplement, tincture or for any digestible means for humans or animals is violative of the DSA Code of Ethics.”

According to the memo, the association is instilling a 90-day window for member companies that sell CBD to not face citation under the association’s code of ethics. The 90-day window is based on the association’s desire to account for time for the FDA to “articulate a path forward” concerning the legality of the products.

Spencer Reese, a partner at Reese, Poyfair & Richards shared in a news article on Direct Selling News,

“I would be somewhat surprised to see the FDA have some new or concerted approach by the end of October. This is not a new issue. The Epidiolex pre-IND (investigational new drug) was filed back in 2014, so everybody knows CBD oil was the subject of extensive investigations and research as a drug as far back as then. It’s no secret that the FDA’s position on CBD is, because of the pre-approval of Epidiolex, that CBD oil is a drug; however, the FDA has done nothing about regulating it.”

The article also indicates that the DSA is providing additional communication to members. In terms of the sale of ingestible products containing BD, the association issued background materials and regulatory issues.