Hemp industry urges FDA to adopt standards to limit youth access and improve quality control
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Summary
Representatives of the hemp industry told the Oversight Committee that regulatory uncertainty from the FDA since the 2018 Farm Bill has collapsed parts of the CBD market, harmed farmers and allowed unsafe or poorly labeled products to reach consumers. They urged a federal regulatory framework with testing, labeling and youth‑access restrictions.
The hemp and CBD industry urged Congress and the Food and Drug Administration to adopt a federal regulatory framework to standardize testing, labeling, packaging and youth‑access safeguards.
Jonathan Miller, general counsel of the Hemp Roundtable and partner at Frost Brown Todd, told the committee that the 2018 Farm Bill legalized hemp and its derivatives but left a regulatory vacuum. “When Congress passed the 2018 farm bill, it explicitly legalized the sale of hemp and its derivatives such as CBD. But just a few hours after the Farm Bill was signed into law, the FDA reasserted its opinion that it was illegal to market CBD as a dietary supplement,” Miller said.
Nut graf: Industry witnesses said FDA inaction and mixed messaging prompted market collapse for some products, and they recommended a four‑pillar approach: restrict youth access, increase quality‑control testing, standardize labeling and packaging, and allow states flexibility under a federal framework.
Miller described market disruption and urged consideration of legislative pathways such as proposals introduced in prior Congresses to give FDA clearer authority or to institute a federal baseline that allows state innovation. He also described industry efforts to self‑regulate, including the creation of a U.S. Hemp Authority to set voluntary standards.
Ending: Members asked for specifics on how FDA could use existing authorities — including sections of the Federal Food, Drug, and Cosmetic Act — to require good manufacturing practices, adverse event reporting and child‑resistant packaging while Congress considers statutory changes.