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March 1, 2019Published Article

Benson quoted in Law360's article "Will The FDA Bite On CBD Foods?"

Law360

Michael Best's Paul Benson was quoted in Law360's article, "Will The FDA Bite On CBD Foods?" on March 1, 2019.

As state and municipal health departments are cracking down on sales of food and beverages containing nonpsychoactive cannabidiol, or CBD, lawmakers are looking to the U.S. Food and Drug Administration to see how it intends, if at all, to legalize CBD foods.

CBD, which proponents claim can be useful for stress and anxiety or as a topical pain treatment, has been popping up recently in a wide range of food products, from infused sodas to gummies to even peanut butter and cooking oil. Last year, sales of hemp-derived CBD products — which also include nonedible products like body oils and lip balms — reached $190 million, according to the Hemp Business Journal. And the market is projected to hit $22 billion by 2022, according to cannabis market research firm Brightfield Group.

A possible way to address the issue would be to have claims about CBD products backed up by scientific studies, similar to current FDA and Federal Trade Commission regulations, Paul Benson of Michael Best & Friedrich LLP said.

"Where it gets to the point where FDA says you can have it in food, you can have it in other products and they get over that threshold, you still have to be truthful in the claims that you make about whatever beneficial properties," Benson said.

To read the entire Law360 article, click here.

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