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# FDA Initial Steps on CBD Explained
- URL: https://www.fdaweb.com/fda-initial-steps-on-cbd-explained/
- Published: 2019-11-27T12:00:00.000Z
- Updated: 2026-09-14T15:54:40.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5145608

Attorney **Joanna Hawana** (Mintz) says in an online [post](https://www.mintz.com/insights-center/viewpoints/2791/2019-11-first-indicators-fdas-policy-decision-cbd-and-cannabis?ref=fdaweb.com) that three FDA 11/15 public announcements give the first definitive statements about how the agency intends to apply its existing authorities to cannabidiol and other unapproved cannabis-derived ingredients. The announcements were: 

- a media statement on Warning Letters issued to 15 companies for selling CBD-containing products in ways that violate the Federal Food, Drug, and Cosmetic Act;
- a revised consumer update emphasizing the lack of any significant safety data and the need for FDA to make science-based decisions; and
- an e-mail on the two actions sent to those signed up for FDA Office of External Affairs stakeholder updates.

“It seems clear to us from these complementary FDA actions that the agency does not intend to use its discretion to create a regulatory exemption that would allow CBD and other cannabis-derived ingredients to be added to foods, supplements, and beverages,” Hawana writes. She says that while FDA is evaluating the applicable regulatory framework and might update its regulations, it is reasonable to believe that the basic position staked out in the 11/25 communications is not going to change drastically going forward.

“This FDA policy decision also increases the likelihood of Congress stepping into the CBD fray because the current dearth of scientific data and information about the safety of products containing cannabis-derived compounds is not likely to be overcome in the coming weeks or months,” Hawana concludes.