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Why Your CBD Is Probably Illegal

January 14, 2020 3:07 pm
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Why Your CBD Is Probably Illegal

By Eric Smart, CEO and founder at Myaderm.

Trends are showing that the popularity of CBD products are on the rise as one in seven Americans have tried them. From oils and gummies to balms and creams, the list of brands and types of CBD products are growing daily. Since the passing of the Agriculture Improvement Act in 2018, all of these products have been regulated by the FDA.

Despite its growing popularity, what many consumers don’t know is that there is a high likelihood the hemp derived CBD products they are taking are explicitly illegal, according to the FDA.

In section 9 and 10 of the agency’s Cannabis & CBD question and answer section it states that CBD products are not allowed to be sold as dietary supplements or food (i.e. orally ingested). That makes all the products that are administered orally, illegal. It is also probably the reason why the FDA issued a consumer warning at the end of last year about the potential harmful effects of CBD when ingested. However, this still leaves the consumer in a difficult position because these products can also be easily found on the internet and even at many retailers.

While the FDA is still working on full guidance, the agency is not actively enforcing its rules except for a slew of warning letters it has issued to companies for illegally marketing and selling CBD products. What you end up with then is a litany of brands popping up that have very little oversight. This also greatly increases the risk to consumers that they are buying poorly made or fraudulent products due to little government enforcement.

The good news is there are some simple things consumers can do to make sure they are getting credible products that are legal and safe.

The FDA does allow topical CBD products that are manufactured in an FDA registered facility to cosmetic standards. Reputable CBD brands should state on their website that they manufacture their products in an FDA registered facility and provide testing results to show their products have the amount of CBD they say is in them. And, while testing results don’t always guarantee the CBD amount stated is what’s actually in the product, companies showing their results are at least making a good faith effort. Another key indicator for reputable brands are ones being sold by national retailers.

Most large, reputable national retailers tend to only sell products that are compliant with FDA standards, are manufactured in FDA registered facilities and have proven track record in the market. This goes a long way in helping consumers identify quality products. Smaller retailers, on the other hand, usually don’t have the resources or incentive to vet these products carefully.

So, before purchasing CBD products or using the ones they might have gotten as holiday gifts,  consumers should do their homework. They should (1) ensure that it is topical, (2) manufactured to cosmetic standards and in an FDA registered facility and (3) available on the shelves of national retailers.

Following these easy steps will greatly increase the probability that consumers are getting a product that is safe and just as important legal.

Eric Smart is the CEO of Myaderm, a manufacturer of CBD cream products found nationwide in retailers like Dick’s Sporting Goods, GNC and 7-Eleven. Prior to Myaderm he worked in the pharmaceutical and food manufacturing industries . He earned his BA from The Citadel (Charleston, SC) and his MBA from The University of California in Irvine, CA.

The preceding article is from one of our external contributors. It does not represent the opinion of Benzinga and has not been edited.

For the latest in financial news, exclusive stories, memes follow Benzinga on Twitter, Facebook & Instagram. For the best interviews, stock market talk & videos, subscribe to Benzinga Podcasts and our YouTube channel.


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