The Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Food and Drug Administration (FDA) state, cannabidiol (CBD), a product derived from hemp, is not a permitted ingredient in alcohol beverages. With legalization of cannabis, various products with CBD have entered the market. The public and stakeholders sought the FDA and TTB for guidance on the matter. Issuing an industry circular the TTB stated they will look to FDA to determine whether hemp ingredients such as CBD may be included in food or alcohol. The FDA in turn reiterated that CBD is not a permitted ingredient in food or dietary supplements under federal law…

USA: CBD Not a Legal Ingredient for Alcohol

The Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Food and Drug Administration (FDA) state, cannabidiol (CBD), a product derived from hemp, is not a permitted ingredient in alcohol beverages.

With legalization of cannabis, various products with CBD have entered the market. The public and stakeholders sought the FDA and TTB for guidance on the matter.

Issuing an industry circular the TTB stated they will look to FDA to determine whether hemp ingredients such as CBD may be included in food or alcohol. The FDA in turn reiterated that CBD is not a permitted ingredient in food or dietary supplements under federal law.

Following the approach of the FDA, the TTB has stated it will not approve alcohol beverage formulas including certain hemp ingredients, including CBD. However, hemp seeds and hemp seed oil are approved ingredients as they comply with FDA regulations.

Key points on alcohol regulation by the TTB and FDA:

  • All alcohol beverages sold in the United States require formula approval by the TTB, even if the alcohol is sold exclusively within a single state.
  • The FDA regulates interstate commerce, therefore, food, beverages and dietary supplements produced and marketed exclusively in a single state may be beyond the scope of FDA regulation (but may be subject to state-specific regulations).
  • Certain alcohol beverages may still be legally marketed as containing hemp. However, those products may only contain hemp seeds or hemp seed oil, both of which are approved by the TTB and FDA.
  • The TTB stated it will be issuing more detailed guidance regarding CBD and hemp as well.
  • The TTB further reiterated it will not approve formulas containing marijuana, or other controlled substances.

The FDA is, however, beginning the process of reevaluating their position on CBD use in food and alcohol, which could lead to an administrative rule making. The FDA will be holding a public hearing on May 31, 2019, where it is seeking data and information regarding the safety of products containing CBD. The TTB appears likely to follow the lead of whatever decision is ultimately reached by the FDA.

Source Website: The National Law Review