Partners Anita Famili and Jeffrey Edelstein and associate Jessica Borowick wrote an article for Food Dive on CBD in the food and beverage industry. In the article, they note that even with the passage of the 2018 Farm Bill removing industrial hemp and products derived from it from the Schedule I list, many “state regulatory regimes are internally inconsistent or ambiguous” when it comes to hemp-derived CBD products. As a result, they recommend stakeholders ensure they have adequate and appropriate substantiation for all claims that they make, test their products on a regular basis to ensure the batches contain no more than 0.3% THC, implement robust compliance programs to ensure their products comply with all applicable state laws across their entire supply chains, negotiate for contractual protections, and avoid advertising or otherwise positioning their products as foods, supplements or beverages.
Read the article here.