The U.S. Food and Drug Administration flagged five companies for “illegally selling” products containing cannabidiol, including national CBD powerhouse American Shaman.
Warning letters were also sent to 11-11-11 Brands, Naturally Infused, CBDFX and Infusionz.
The FDA singled out American Shaman, which says it has more than 300 store locations across the United States, for selling candies “that would be attractive to children.”
“These companies are selling CBD containing products that people may confuse for traditional foods or beverages which may result in unintentional consumption or overconsumption of CBD,” the FDA said in a statement.
“CBD-containing products in forms that are appealing to children, such as gummies, hard candies and cookies, are especially concerning.”
The FDA gave the companies 15 days to respond to the FDA with their reasoning for why the products are legal or face seizures and fines.
When the 2018 Farm Bill was passed, the FDA was charged with setting regulations governing CBD. The agency has not yet done so and is under fire for its inaction.
In the meantime, existing FDA regulations ban all products containing CBD, though the agency appears most worried about CBD-infused food and beverages as well as products marketed with claims of medical benefits.
The FDA regularly sends public warning letters to companies who run afoul of existing federal Food, Drug, and Cosmetic Act (FDCA) rules on what additives are allowed in products and under what claims products can be marketed.