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FDA declines to regulate CBD; calls on Congress for fix

FILE - CBD wax is displayed at a shop in Sunset Hills, Mo., on June 27, 2019. The Food and Drug Administration said Thursday, jan. 26, 2023, there are too many unknowns about CBD products to regulate them as foods or supplements under the agency's current structure and Congress needs to create new rules for the massive and growing market. (Brian Munoz/St. Louis Post-Dispatch via AP, File)
FILE - CBD wax is displayed at a shop in Sunset Hills, Mo., on June 27, 2019. The Food and Drug Administration said Thursday, jan. 26, 2023, there are too many unknowns about CBD products to regulate them as foods or supplements under the agency's current structure and Congress needs to create new rules for the massive and growing market. (Brian Munoz/St. Louis Post-Dispatch via AP, File) FILE - CBD wax is displayed at a shop in Sunset Hills, Mo., on June 27, 2019. The Food and Drug Administration said Thursday, jan. 26, 2023, there are too many unknowns about CBD products to regulate them as foods or supplements under the agency's current structure and Congress needs to create new rules for the massive and growing market. (Brian Munoz/St. Louis Post-Dispatch via AP, File)

The Food and Drug Administration said Thursday there are too many unknowns about CBD products to regulate them as foods or supplements under the agency’s current structure and called on Congress to create new rules for the massive and growing market.

The marijuana-derived products have become increasingly popular in lotions, tinctures and foods, while their legal status has been murky in the U.S.

There’s not enough evidence about CBD to confirm that it’s safe for use in foods or as a dietary supplement, FDA Deputy Commissioner Dr. Janet Woodcock said in a statement.

“For example, we have not found adequate evidence to determine how much CBD can be consumed, and for how long, before causing harm,” she said.

The FDA has oversight of CBD because it is the active ingredient in an approved prescription drug, Epidiolex, used to treat two rare seizure disorders. Under FDA regulations, a drug can’t be added to food or sold as a dietary supplement if officials haven’t determined if it’s safe or effective for other conditions.