At least one Twin Cities-area CBD retail shop, 1Life Products in Eden Prairie, has reported a surprise inspection from the Hennepin County Health Department’s Epidemiology and Environmental Health Division. The result of this visit was an order to discontinue the sale of bottled water and gummy candies containing “CBD.”
The Department is relying on the following Minnesota Administrative Rules to support its stance:
“4626.0130 COMPLIANCE WITH FOOD LAW. 3-201.11
A. Food must be obtained from sources that comply with Minnesota Statutes, Minnesota Rules, and United States Code and Code of Federal Regulations.”
While vague, the Administrative Rule cites both state and federal law, neither of which has approved the use of CBD in food products. Inter alia, the FDA’s FAQ section:
“Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.”
This action coincides with the recent statements of FDA Commissioner Scott Gottlieb, reiterating his department’s stance that presently CBD is not approved in the sale of food products. Public hearings on the issue have been set for next month in Washington DC.
This story will be updated with further information as it becomes available.