Greenspoon Marder Client Alert: Hemp-Derived CBD Prohibited in Food Products in California

Jul 17, 2018

On July 6, 2018, the California Department of Public Health’s Food and Drug Branch (CDPH-FDB) quietly posted an updated FAQ on cannabidiol (CBD) in food products. The organization has determined that the use of industrial hemp as the source of CBD to be added to food products is prohibited in California.

The FAQ states, “Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.” California defines “food” as any article intended for use for food, drink, confection, condiment, or chewing gum by man or other animal.

The CDPH-FDB clarifies that the following hemp derived products will NOT be allowed in food in the state:

Any CBD products derived from cannabis
Any CBD products including CBD oil derived from industrial hemp
Hemp oil that is not derived from industrial hemp seeds
Industrial hemp seed oil enhanced with CBD or other cannabinoids

And since CBD is an unapproved food additive, it will NOT be allowed for food use in California regardless of where the CBD products originate, eliminating potential out-of-state workarounds.

The following forms of industrial hemp derived products WILL be allowed in food, as long as there are no claims for related health benefits:

Seeds derived from industrial hemp
Industrial hemp seed oil or hemp seed oil derived from industrial hemp

The FAQ outlines that hemp seed oil and hemp-derived CBD oil are two different products. “Industrial hemp seed oil is derived from the seeds limited to types of the Cannabis sativa L. plant and may contain trace amounts of CBD (naturally occurring) and other cannabinoids. Food grade Industrial hemp seed oil is available from a variety of approved sources.”

To discuss what the implications of this statement could mean for your business, please reach out to your Greenspoon Marder attorney. The CDPH-FDB can be found here.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Client Alert: Hemp-Derived CBD Prohibited in Food Products in California

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