According to a report by the Wall Street Journal (WSJ), the U.S. Food and Drug Administration (FDA) is exploring whether legal cannabis is safe in food or supplements and expects to make recommendations in the coming months for regulating such products.
See related: How CBD and Cannabinoids Fit Into Cosmetics
The main concerns are the unknowns of the effects of daily consumption for extended periods of time and/or during pregnancy, according to Janet Woodcock, FDA principal deputy commissioner, per Forbes. In relation, questions have been raised as to whether existing regulatory pathways for food and dietary supplements are appropriate for CBD.
The U.S. Hemp Roundtable said the FDA’s comments signal "the new year may offer some promise for the long-awaited regulation of hemp-derived extracts such as CBD," Marijuana Moment reported. The roundtable will be meeting in early January 2023 to continue the dialogue about what the regulatory scheme should entail.
While the dialogue has not yet implicated cosmetics, the foods industry has previously influenced regulations, certifications and claims on cosmetics; consider organic, clean, free-from, etc. However, as previously reported, there is not (yet) a provision in the Federal Food, Drug and Cosmetic Act that prohibits the inclusion of CBD in cosmetic products.
The FDA's current stance states: "Certain cosmetic ingredients are prohibited or restricted by regulation, but currently that is not the case for any cannabis or cannabis-derived ingredients. Ingredients not specifically addressed by regulation must nonetheless comply with all applicable requirements, and no ingredient – including a cannabis or cannabis-derived ingredient – can be used in a cosmetic if it causes the product to be adulterated or misbranded in any way.
"A cosmetic generally is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling, or under such conditions of use as are customary or usual. ..."
As James Baumgartner, Ph.D., of Panacea Sciences put it, during an IFSCC webinar on CBD, "[Y]ou're okay as long as you aren't adulterating your product . . . but watch those claims."
Time will tell if CBD becomes regulated in food and supplements, and whether this could translate to cosmetics.