Steven W. Troxler
Commissioner

North Carolina Department of Agriculture
and Consumer Services

Anita MacMullan
Director

Food and Drug Protection Division
Month day, 2019
Name
Firm Name
Street Address
City, State
To whom it may concern:
It has come to our attention that (___firm name____) is (manufacturing/selling) products that contain CBD at (____
firm location_____).
Please be advised of the following regarding CBD products in the marketplace:


It is a prohibited act under section 301(ll) of the FD&C Act [21 U.S.C. 331(ll)] 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.



CBD is the active ingredient in the approved drug product Epidiolex, a drug product that has been approved
under section 505 of the federal Food, Drug & Cosmetic Act (“FD&C Act”). Substantial clinical
investigations have been instituted for CBD and the existence of such investigations have been made
public.



Since CBD is the active ingredient in the approved drug product Epidiolex, it is currently excluded from
being a dietary supplement under section 201(ff)(3)(B)(i) and (ii) of the FD&C Act.



CBD products marketed with claims to prevent, mitigate, diagnose, treat or cure serious diseases (aka
“health claims”) indicate that the products are intended for use as drugs under the FD&C Act [21 U.S.C.
321(g)(1)]. Section 201(p) of the FD&C Act [21 U.S.C. 321(p)] specifies that new drugs may not be
legally introduced or delivered for introduction into interstate commerce without prior approval from FDA.
CBD in products other than the approved drug Epidiolex and which makes health claims would be a new
drug that cannot legally be introduced into interstate commerce.

1

 

North Carolina has routinely adopted by reference the federal Food, Drug & Cosmetic Act and
implementing regulations. The violation of these federal laws and regulations would equally be a violation
of state laws and regulations.

Once you place products into the marketplace, you have a responsibility to comply with all federal and state laws.
Failure to comply could result in legal action being taken against you, including without limitation, embargo,
seizure and injunction.

Sincerely,

Anita MacMullan
Director
Food and Drug Protection Division
cc:

Joe Reardon, Assistant Commissioner for Consumer Protection
FDA/ATL-DO

4000 Reedy Creek Road
1070 Mail Service Center, Raleigh, North Carolina 27699-1070  (919) 733-7366  Fax (919) 733-6801
TTY: 1-800-735-2962 Voice: 1-877-735-8200
An Equal Opportunity Employer