FDA Says CBD Products Don’t Qualify as Dietary Supplements

The U.S. Food and Drug Administration has ruled that cannabidiol products don’t fit under the legal definition of dietary supplements and therefore can’t be marketed as such under the federal Food, Drug and Cosmetic Act.

The news could force many companies already producing CBD products across the country to either revise their marketing strategies or possibly even alter their product labels.

“Products containing (CBD) are outside the definition of a dietary supplement,” the FDA’s site now reads. “There is an exception if the substance was ‘marketed as’ a dietary supplement or as a conventional food before the new drug investigations were authorized; however, based on available evidence, FDA has concluded that this is not the case for cannabidiol.”

The agency didn’t specify what types of enforcement actions it may take against companies that continue to market CBD as a dietary supplement. The site does say that the FDA “considers many factors” in such decisions, including input from other federal agencies and state officials, and whether such products constitute a threat to public health.

The lack of scientific research and evidence into the medicinal and dietary benefits of marijuana-based products has long been a stumbling block for cannabis companies, including those that specialize in hemp-based CBD products.

The FDA acknowledged this point, and wrote that it will continue to work with companies that are “interested in appropriately bringing safe, effective, and quality products to market, including scientifically-based research concerning the medicinal uses of marijuana.”

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12 comments on “FDA Says CBD Products Don’t Qualify as Dietary Supplements
  1. Cindy Petrovich on

    OH! And we trust our government on such matters don’t we! The same government that insists we don’t have the right to know which foods we are purchasing contain GMO’s and insist they are good for us? And the same government who thinks it’s safer for us to use barbituates, narcotics and opiates that are all highly physically addictive as opposed to marijuana which is not and in many cases works better. Yeah, do you get the sarcasm!

  2. Joanie Bell on

    As soon as the FDA starts releasing safe pharmaceuticals is when I will take this new bit of BS into consideration. Seriously? Dear FDA get out of pharmas pockets.

  3. Joey on

    She said it right! I have been taking pharmaceutical medicines for to long and would love ? for a natural substitute for it! But, to enforce regulations and overtaxation when it is the organization’s work,research,and studies that have made it all possible is completely wrong!!! They should be able to get all the credit,patent rights,and decision making process of the way of going about every aspect of the growing, buying, selling, and whatever else they wish to do with it!!! They are non-profit bipartisan people who are for the people and should be supported by the people!!! Not a corporate or government sanction that only wishes to make a profit and control everything!!! It’s a purified weed that is a medicine for everything and everyone who is suffering from any physical or mental health issue!!! ??????????????

  4. jean De Oro on

    I wonder how much it cost big Pharma to buy that law? So the FDA though seeing the Medical Benefits CBD can produce like the wicked stepmother she does as Daddy Money says. Sad to see our freedom and health for sale and at the point of extinction.

  5. Doc Deadhead on

    It’s not a supplement, it’s a medicine….whoops…..I mean there is no medical value to cannabis…..Uhmmmm…..just do what we say until we figure out how to squash this forever!!
    signed, The All Knowing FDA

    My cousin has had Parkinsons for over 10 years. The other day we finally convinced him to try CBD. A friend of ours makes a whole plant CBD extract in coconut oil with less than 0.3% thc.

    Within an hour his shaking was reduced to the same as me after a cup of espresso! He is able to write his name again after 10 years of tremors and shaking.

    This is exactly why the FDA wants to kill cannabis. For about 2 bucks a day my cousin is in better condition now than with the thousands of dollars worth of meds they had him on. AND cannabis does a better job!

    Don’t let the FDA bullshit you, IT’S ALL ABOUT THE MONEY, big pharma is shaking in their boots.

    A new competitor has appeared and unfortunately for big pharma…..everyone can grow this in their backyard just like everyone did prior to 1937 and big pharma

    Between colloidal silver and cannabis oils we can treat 99% of what might ail us, that’s why the Government(bought by big pharma) banned the use of cannabis AND colloidal silver in 1937.

  6. Tony Stark on

    This is such an outright LIE!
    Both the FDA and the U.S. Gov, KNOW that CBD has medical benefits! Time for some tough lawyers to call them on this latest example of gov lies and hypocrisy. Class action lawsuit of “We the People” against the FDA and Gov perhaps? What say you Rob Corry?

    For those who don’t know, the U.S. Gov (and others) have multiple patents on the “Medical Benefits” of CBD!

    Start with the famous “Cannabinoids as antioxidants and neuroprotectants” patent (US 6630507)


    …But that’s really what they want, isn’t it?

  7. Joseph Pena on

    They should compare it to sugar. Sugar acts like a drug in the body. They would have to say that sugar is a drug as well or that cannabis would qualify as a food.

  8. NurseNice on

    It’s certainly an issue for me- residents of certain state licensed facilities can take “over the counter or supplements” by MD order(s). MMJ is defintely a Grey Area and as long as it can be argued that it “actually” not a “narcotic”, I have been comfortable with complying with a request for CDB. State may not be- and facilities need “legalities” to help- ESP seizure patients.. Sigh.. Yet another obstacle! [email protected]#$%^&*@#$%^&*

  9. Brohemath on

    PAYPAL bans CBD vendors and other supplements not “FDA” approved since this FDA statement came out financial institutions are buckling to the pressure. I am with FAY, class action, and they broke the interstate commerce act by not conferring with congress.

  10. Sky VIP Grady on

    What a joke? The same FDA ran by our government? Just check out US Patent 6630507 titled “Cannabinoids as antioxidants and neuroprotectants” which is assigned to The United States of America, as represented by the Department of Health and Human Services.
    The patent claims that –
    “Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases.The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer’s disease, Parkinson’s disease and HIV dementia.”
    The patent was obtained in October of 2003.

  11. J M on

    All of the banter aside, the real question is – If CBD products are NOT dietary supplements how can they be defined? Does it only become a problem when the oil is housed in a capsule. If I buy a syringe, a jar, or a tincture dropper bottle of CBD is that defined differently than a capsule?

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