The threat of litigation
While Schnell contends that the FDA’s position on CBD (that it was first investigated as a drug so can’t be added to foods and supplements) doesn’t apply to mood33, as it uses a full-spectrum hemp extract, not isolated CBD, he said he was aware of the recent wave of lawsuits, which he described as “frivolous and opportunistic.”
Dealing with such litigation will have to be factored in as a “cost of doing business” in the nascent industry until the FDA provides more clarity about the regulatory path forward, he added.
