Reefer Madness

by Diana Winters

I just read two very interesting articles, both arguing that states and the federal government have to do more to regulate marijuana products as more and more states move to legalization. In Marijuana Edibles and “Gummy Bears,” published this month in the Buffalo Law Review, Paul J. Larkin, Jr. looks closely at marijuana edibles, discussing their retail distribution, potential harms, and regulatory options available to local, state, and federal governments. The solution Larkin advocates is compelling—that the FDA declare foods with THC as adulterated, and either seize such products or require edibles to comply with standards that reduce the risk that children would ingest the product.

In “High” Standards: The Wave of Marijuana Legalization Sweeping America Conveniently Ignores the Hidden Risks, forthcoming in the Ohio State Law Journal, Steve P. Calandrillo and Katelyn J. Fulton also focus on marijuana edibles and argue that these products pose special risks to the population. The authors make certain specific recommendations, including the increased study of edibles, a refinement of edible labels, a ban on edibles that resemble children’s candy, and more.

Beyond the specific issues of marijuana regulation, these articles are fascinating in regards to the federalism issues they present, especially in this time of some confusion about the federal government’s stance towards the state legalization of medical and recreational marijuana. I better go eat some “brownies” and try to figure it all out…

FDA Commissioner Scott Gottlieb Proposes Sweeping Label Updates – COMMENTS OPEN

by Diana Winters

On March 29, FDA Commissioner Scott Gottlieb spoke at the Consumer Federation of America’s National Food Policy Conference about how the agency “can make further improvements in public health by both empowering consumers with information and facilitating industry innovation toward healthier foods that consumers want.” He focused not just on reducing chronic disease, but also on how better information can help to narrow nutrition and health disparities.

As to specific steps, Commissioner Gottlieb discussed: (1) modernizing health claims, (2) re-defining “healthy”, (3) changing the process by which the agency reviews qualified health claims, (4) clarifying the term “natural”, and (5) modernizing the names for ingredients, and standards of identity. He also talked about implementing the new nutrition facts label and menu labeling rules, and working on reducing sodium in foods.

You can watch the speech here.

For an administration committed to deregulation, Commissioner Gottlieb’s stance is surprising, and exciting. The Center for Science in the Public Interest provided FDA with some great preliminary suggestions for moving forward. I’m opening comments for this post – what do you think about Commissioner Gottlieb’s speech? What should or shouldn’t FDA do?

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