21st Century Snake Oil: FDA Regulation and Advertising Ethics of CBD Products and Their Derivatives

In 2018, the U.S. Department of Agriculture passed the most recent Farm Bill effectively legalizing all hemp-derived products containing less than 0.3% THC. With this, a brand new market for hemp products such as CBD and delta-8 became federally legal. Despite this legal status, the FDA has yet to successfully regulate the marketing of these products and the industry continues to grow without proper controls. This thesis will start by providing background on the history and current scientific knowledge associated with CBD and then outline the current state of CBD and hemp regulation in the United States. Following this, the dangers of rampant CBD mis-regulation will be discussed and the phenomenon of delta-8-THC will be brought into the conversation to emphasize why this is a relevant issue. Finally, a plan for future regulation of CBD and its derivatives will be proposed that would remove delta-8-THC from legal status in the upcoming 2023 Farm Bill and allow CBD products to be regulated as dietary supplements going forward. This plan suggests that the FDA inputs a better mechanism for combating misinformation concerning CBD products, and that the FDA follows through on more warning letters to remove fraudulent CBD products from shelves. With this proposal, the CBD industry is able to be regulated by the FDA and consumers will be able to navigate purchases knowing that they are receiving honest information with little danger to their health.Plan II Honors Progra