FDA Commissioner Talks Enforcement Discretion on CBD Products to US Senate Committee

FDA Commissioner Scott Gottlieb, during a hearing before a U.S. Senate Subcommittee on Appropriations stated a month ago that the FDA is using its enforcement discretion concerning CBD products and that the office will take enforcement action against CBD products on the market if manufacturers are making claims that the FDA considers are “over the line.”

The Director of the FDA’s Office of Dietary Supplement Programs, Steven Tave, participated in a panel at the Dietary Supplements Regulatory Summit. There, he presented different perspectives from that of FDA Commissioner Gottlieb. He stated that though there is a gap in compliance, “many firms are getting it right, and many firms are committed to ensuring that they deliver a quality product to their consumers—and that’s attributable in many ways to industry-led efforts to promote compliance.” Further, he reportedly rejected that the FDA has an enforcement discretion concerning CBD. Rather, according to a tweet, any enforcement on CBD is limited to products that pose a higher risk to public health.

Steve Tave providing the #RegSummit2019 attendees with more clarity—“The @US_FDA does NOT have a policy of enforcement discretion with #CBD, period.”

— Elise Ackley, DVM (@Elise_Ackley) May 14, 2019

Further, reportedly the FDA spokesman Michael Felberbaum stated in an email “Our biggest concern is the marketing of products that put the health and safety of consumers at greatest risk, such as those claiming to prevent, diagnose, treat or cure serious diseases, such as cancer. That being said, the agency does not have a policy of enforcement discretion with respect to any of these products.”

All information is for general informational and educational purposes only. Nothing should be interpreted as legal or wellness advice.