FDA Enforcement Discretion for Some Hemp CBD Products
In a 4/1 letter to two FDA senior officials, FDA commissioner Marty Makary says the agency does not intend to enforce two sections of the Federal Food, Drug, and Cosmetic Act involving adequate directions for use and new drug approvals with respect to an orally administered, hemp-derived CBD (cannabidiol) product solely on the basis that it contains CBD, provided that the product:
- is manufactured, marketed, and labeled in a manner that would be consistent with the dietary supplement framework, including bearing a supplement facts panel and structure/function claims;
- is not contaminated;
- is not packaged or labeled in a manner that would be attractive to or marketed for children; and
- is provided to a beneficiary through a program of medical items or services payable under Title XVIII of the Social Security Act (research grants), under the direction of the patient’s treating doctor, in a manner ancillary to the covered items or services furnished under such program.
The letter to CDER acting director Tracy Beth Høeg and deputy commissioner for human foods Kyle Diamantas reviews the legislative background of hemp-derived CBD products in medical research models, including a 12/18/2025 Executive Order on “Increasing Medical Marijuana and Cannabidiol Research.” That order directed Makary and other HHS executives to “develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabidiol products in accordance with federal law and to inform standards of care.”