The strategy could—at least theoretically—salvage the future of a budding industry selling cannabidiol (CBD) in dietary supplements. Reach for a lifeline with the very leviathan that stands in its way: the federal government.
The secretary of the U.S. Department of Health and Human Services (HHS)—currently Alex M. Azar II—has authority to avoid potentially years of litigation between the hemp industry and FDA over the legality of CBD by making it lawful in dietary supplements through the issuance of a regulation.
The legal status of CBD in dietary supplements is mired in controversy, largely due to a provision in the Federal Food, Drug & Cosmetic Act (FDCA) aimed to protect the gargantuan investment required to develop new pharmaceutical drugs shown to be effective and safe.