FDA No Jurisdiction Over Labeling of Cannabis Foods

FDARecently, May of 2016, the FDA looked at and made changes to Food Labeling.  In it’s decision and response to Comments it appears that some commented on THC in certain foods.  The FDA responded to those comments.

The FDA in it’s response to the comments that THC needed to be included on any labels says that it is outside the scope of this rule.

Food Labeling: revision of the Nutrition and Supplement Facts Labels.  Makes changes to how foods are labeled under the FDA.  Federal Register Docket 2016-11867

In the FDA’s publication it should be noted that they got “Some comments asked that we require the declaration of cannabinoid content, nutritional values, and/or health risks pertaining to the consumption of tetrahydrocannabinol (THC) and/or marijuana edibles for all consumers, in particular, children under the age of 4 years as well as pregnant and lactating women.”

In the response to this they stated “We note that section 403(q)(2)(A) of the FD&C Act ….” General labeling requirements of products containing THC and/or marijuana edibles is outside the scope of this rule. Therefore, we are making no changes in response to this comment.”

This could easily be used as an argument against the FDA petition to establish labeling standards for Cannabis products Docket Number FDA-2015-P-3991

If the requirement of adding it to a label was outside the scope of the FDA’s authority in May of 2016 then it certainly must be outside the scope of their authority still as there has been no change in authority.