Ben Wolf, Alston & Bird: GRAS route to market will be heavily utilized
Ben Wolf, senior associate, Alston & Bird: There continues to be a push to bring new food and dietary ingredients to market based on developing technology and interest in nontraditional medicine. These include products made using fermentation processes and cannabinoids like CBD. Determination that an ingredient is Generally Recognized as Safe (GRAS), one of the primary pathways to bring new products to market, was recently affirmed by the courts as viable in Center for Food Safety v. Becerra, and we expect this pathway to continue to be very heavily utilized. In some cases where FDA has commented on the use of a compound, like FDA’s position that CBD may not be included in food or dietary supplements, or there is otherwise considerable interest in an ingredient, we may also see legislation permitting marketing contrary to FDA’s current authority.
