Is The FDA Going to Create CBD Regulations?


The Food and Drug Administration announced recently there’s not enough data directly related to the “various safety concerns” of cannabidiol, or CBD, to fully regulate the hemp-derived products as foods or supplements. Not in-relation to topical relief like our CBD Pain Sticks – but more so for tinctures or edible CBD products. Many users in the market are suggesting that this announcement is merely “passing the buck” of accountability, creating uncertainty in the marketplace.

As a family-owned, CBD company ourselves – we pay close attention to these types of announcements because they directly affect our customers. We’re concerned with the FDA’s decision to delay the regulatory process – only because we know how critiical it is for consumers to get quality, actually natural CBD. 

Currently as the market sits – sans real CBD regulations – any Joe Shmo could create “CBD” using “Hemp Extract” and call it a proper “dose”. 

This is a problem because untrained cannabidiol users may see the term “hemp extract” and think the product is good enough and safe enough but may end up experiencing negative side effects.


Delay of CBD Regulations Causes Uncertainty in Market

As you know, the CBD industry is still in its infancy. Without regulations, it’s essentially the wild west—which means that bad product can be sold without consequences. And there are minimal studies that provide sufficient data to make a claim either way regarding supplement and vitamin nutrients and benefits from CBD.

That’s why at Elan Naturals we follow the guidelines shared by the FDA. We have clear labeling, proper ingredient communications and get our products tested with third-party labs with integrity so we can share transparent and honest information about our cannabidiol.

Why We need the FDA to Regulate CBD

The FDA has been monitoring CBD products and has not issued regulations for manufacturers to follow when making CBD products. This means that there is no set standard for how much CBD should be in the product or how the product should be made. If regulations are not set – there cannot be a recommended dosage so we’re forced to provide our product to consumers with a disclaimer and they’re on their own cognizance for dosing suggestions.

The most recent announcement ultimately states that CBD needs to be regulated but the frameworks of what are considered “supplementary” and “vitamins” lay in a ton of grey area.

The framework created for testing does not have enough risk-control to provide safe outcomes – and the FDA believes Congress should be responsible for the decision. Therefore, products with Hemp ingredients are not allowed to be marketed as Dietary Supplements. Because Hemp ingredients cannot be regulated under the same stipulations as supplements or vitamins – making claims regarding health benefits or healing / curing properties are banned online and in-store marketing.

Why We’re Actually Kind of On Board with the FDA’s Decision to Delay CBD Regulation

Here’s where we think this is a little wonky, the lack of FDA oversight means there are no manufacturing standards that current hemp companies are required to follow. In states without their own well-designed Hemp programs, there’s a chance for improperly labeled or improperly made products to stay in the market. If the FDA does not step in – consumers will not feel safe to continue product intake which could harm the entire industry.

That’s why we offer full batch analysis and potency testing for every lot sold through Want to learn more? Click here. 


Unfair Sample Size in CBD Testing Reported

Another reason we’re not in-support of this decision by the FDA -many of these published studies showing the adverse effect of CBD were only done at very high doses, closer to drinking a whole bottle than it is to taking a daily dropper. This means that some people may experience adverse side effects from using hemp-derived CBD oil because they’re taking too much at once. If you are new to using cannabidiol then it’s best to start small and try increasing upon your comfort level.

What is a ‘proper’ dose of CBD?

Because CBD is not regulated by the Food and Drug Administration (FDA), and there are no official recommended dosages.

The good news is that there are a few different ways to figure out how much CBD you need—and whether or not you should increase your dosage at all.

The first thing to consider is how long it takes for your body to process the CBD. Each individual has a different metabolism and will respond differently to CBD. Some people may find that they feel the effects of the CBD quickly and need less than others might, while others may need more time for their bodies to absorb it.

Another factor is whether or not you have any other health conditions that could affect how well your body processes cannabinoids like CBD. For example, if you have heart issues or high blood pressure it’s best not to take too much until you know exactly what works for your body. If you do have any other health conditions or concerns about using CBD please talk with your doctor first!

If CBD Isn’t Regulated, Then What Was The Point of the Farm Bill?

Congress finally voted on the Farm Bill in 2018 to clearly define the manufacturing standards for Hemp as an agricultural product, same as other crops like wheat or corn, so it’s the FDA’s responsibility to make a determination on any products created from USDA Approved sources (even if this means they shut down the CBD sales market).

Where We Stand on CBD in the FDA Regulations:

Long story short – we think it’s time for the FDA to take a stand and make a real decision when it comes to cannabidiol. However we do know that will take some deep digging and soul searching for the entire regulatory process as a whole – not just for CBD. Vitamins and Supplements and Herbal Cures, etc…. all botanical (and man-made products) without proper labeling, dosing and third-party testing leave room for common misconceptions about the

If fair and true testing finds it unsafe and the industry collapses – we’ll be shocked – but at least they did their job of regulating the market. We believe in the healing powers of Hemp and look forward to a future where the general population can enjoy its benefits.

Until then, we encourage all CBD consumers to heavily research any new product before ingesting. Talk to a doctor. Talk to us. Check out our reviews. Make sure you’ve done your research on solid cannabidiol company’s websites. Our happiest customers start with lower doses and expand upon their comfortability and tolerance builds. This is where the kids would say ” you do you!”.

Just make sure the ingredients are communicated correctly and clearly on the CBD product’s label like ours are and you should be just fine! 


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