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House Introduces Bipartisan Bill to Expressly Permit CBD in Dietary Supplements

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On January 13, House Agriculture Committee Chairman Collin Peterson (D-MN) introduced H.R. 5587, seeking to amend the Federal Food, Drug, and Cosmetic Act (FDCA) to allow hemp-derived cannabidiol (CBD) and hemp-derived CBD containing substances to be included within the definition of permissible dietary supplements. H.R. 5587 is co-sponsored by Representatives Jamie Comer (R-KY), Thomas Massie (R-KY), and Chellie Pingree (D-ME).

In addition to including hemp-derived CBD in the definition of a "dietary supplement" under the Dietary Supplement Health and Education Act of 1994 (DSHEA), H.R. 5587 would also create an exception for hemp-derived CBD to certain provisions in the FDCA which bar the introduction of a food ingredient or dietary ingredient if that substance is an active ingredient in an FDA approved drug or has been authorized for investigation by FDA as a new drug. H.R. 5587 also requires the USDA to complete a study regarding the regulatory and market barriers for farmers engaged in domestic hemp production under USDA's regulations.

Baker Donelson will continue to monitor the progress of H.R. 5587. For more information about how this issue may affect your business or related matters, please contact the author of this alert, Kyle Diamantas, or any member of Baker Donelson's FDA Group.

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