On October 21, 2019, Todd Halpern was quoted in Food Business News regarding the potential of cannabidiol (CBD) as an ingredient. According to the article, functional ingredient sales growth of CBD through U.S. retail outlets reached $185.1 million in the 52-week period ending August 11, more than triple the $47.2 million in the previous 52-week period. However, the Food and Drug Administration (FDA) has the authority to cast a dark cloud over the category.
"The FDA position, for now, is CBD cannot, absolutely cannot, be used as an ingredient" in a dietary supplement, food or beverage, said Halpern. "The FDA hasn’t really enforced this all that vigorously," he added.
Sen. Mitch McConnell of Kentucky has added provisions in a Senate Agriculture Appropriations bill that could benefit the regulatory status of CBD, Halpern said. A measure in the provisions encourages the FDA to issue formal enforcement direction guidance for CBD products that would remain in place until the FDA finalizes a permanent legal pathway.