What enforcement powers does the FDA have?
The FDA currently enforces the FD&C Act by taking action against individuals or entities violating it and the sale of non-compliant products. Various FDA offices, including the Office of Regulatory Affairs, the Center for Food Safety and Applied Nutrition, and the Center for Drug Evaluation and Research, are involved in monitoring and enforcing compliance. Their efforts aim to protect consumers from unsafe drugs, misbranded products, and more. These offices have initiated actions such as issuing warning letters against those marketing CBD and Delta-8 THC products in violation of the FD&C Act. Past warning letters targeted companies selling CBD products with claims of preventing, diagnosing, treating, or curing diseases, often inappropriately. Some of these products violated the act further by being marketed as dietary supplements or by containing CBD in food. The FDA refrains from taking action against CBD products not making drug claims or targeting children.
The FDA does not have the resources and has expressed no interest in trying to combat the expansive regulated cannabis market, now operating within regulatory systems in 3 out of 4 states.