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The TTB's Take on CBD in Beverages

This article on Alcohol Law Advisor summarizes the US TTB's position on CBD - and hemp oil - in beverages, backing up the US FDA's position. 

  1. TTB will require a formula for any product containing a hemp-derived ingredient
  2. TTB will not approve a formula for any product containing a Schedule I controlled substance under the Controlled Substances Act
  3. TTB will not approve a formula for any product containing CBD until FDA changes its current position towards CBD as a food ingredient. FDA currently views interstate commerce in any food containing CBD as a violation of the federal Food, Drug & Cosmetic Act
  4. TTB will continue to approve formulas for alcohol beverages containing ingredients derived from hemp seeds and hemp oil
  5. TTB will not approve a formula for any product containing a hemp ingredient other than those derived from hemp seeds or oil unless it also receives adequate evidence that FDA deems the ingredient generally recognized as safe (GRAS) for food

NYC Dept of Health Cracks Down on CBD Foods

Eater NY has a story about the local Department of Health now cracking down on foods with CBD.

The Department of Health confirmed on Tuesday that restaurants, bars, and other venues under its purview cannot sell cannabidiol (or CBD)-laced edibles — noting in a statement that it’s not “safe as a food additive” according to federal guidance.

But although CBD can now legally be sold on its own, DOH is not allowing sales of any food or drink with added CBD, following rules from the Food and Drug Administration.

"Restaurants in New York City are not permitted to add anything to food or drink that is not approved as safe to eat,” a statement from a New York DOH spokesperson says. “The Health Department takes seriously its responsibility to protect New Yorkers’ health. Until cannabidiol (CBD) is deemed safe as a food additive, the Department is ordering restaurants not to offer products containing CBD.”