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FDA holds hearings to determine legality of CBD in foods

“There is mass confusion in the marketplace,” said Peter Matz of the Food Marketing Institute.

A cookies and cream flavored protein bar marketed by JustCBD is displayed at the Cannabis World Congress & Business Exposition trade show, Thursday, May 30, 2019 in New York. Technically, it is illegal to sell food with CBD because the substance is considered an FDA-approved drug. (AP Photo/Mark Lennihan)
A cookies and cream flavored protein bar marketed by JustCBD is displayed at the Cannabis World Congress & Business Exposition trade show, Thursday, May 30, 2019 in New York. Technically, it is illegal to sell food with CBD because the substance is considered an FDA-approved drug. (AP Photo/Mark Lennihan)Read moreMark Lennihan / AP

SILVER SPRING, Md. (AP) — CBD products have exploded in popularity despite confusion around their legal status. Now U.S. regulators are exploring ways the hemp ingredient might officially be allowed in food, drinks and dietary supplements.

The U.S. Food and Drug Administration held a hearing Friday to collect information about cannabis compounds such as CBD, which is already available in candy, syrups, oils, drinks, skin patches and dog food. CBD, or cannabidiol, is a non-intoxicating compound found in cannabis.

No decisions are expected immediately, but the hearing is seen as an important step toward clarifying regulations around the ingredient.

“There is mass confusion in the marketplace,” said Peter Matz of the Food Marketing Institute, one of dozens of speakers who addressed the FDA panel.

Other speakers including academic researchers, businesses and consumer advocates urged the FDA to move quickly, noting that the industry is growing rapidly with little oversight. That is raising concerns about the accuracy of product labels and people not realizing how much they may be consuming through various products.

Before the hearing began, acting FDA Commissioner Ned Sharpless noted critical questions remain about the safety of CBD, such as how much is safe to use daily and the compound’s effects on pregnant women and children.

CBD is often extracted from marijuana’s cousin, industrial hemp. Hemp is defined by the U.S. government as having less than 0.3% THC, the compound that causes marijuana’s mind-altering effects. CBD is claimed to have various health benefits, including relief for pain and anxiety. Scientific proof is scant, however, and the only federally-approved use of CBD is in an FDA-approved drug, Epidiolex, that is used to treat rare pediatric seizures.

For now, the FDA has said CBD is not allowed in food, drinks and supplements. But given the agency’s limited resources, many do not expect the agency to enforce the position unless products make explicit health claims that could endanger people.

Adding to the confusion, some states like Colorado allow it in food and drinks. In New York City, where officials have warned it’s not allowed in food and drinks, restaurants and stores have continued to sell it.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content.