For years, there have been calls for the Food and Drug Administration to step up and regulate CBD. Citizens have asked for the same, as well as business owners, law enforcement, and lawmakers. Many have outright criticized the agency for not taking enough action to ensure CBD products in the U.S. are not only accessible but safe for consumers. Now, Congress is taking a more forceful stance than ever and demanding answers from the FDA. 
Letter to the FDA
In January, the FDA said that after reviewing all available information since the passage of the 2018 Farm Bill, it decided “there is not a regulatory pathway in place to enact rules,” according to Marijuana Moment. Instead, it said Congress needed to step up and come up with regulatory action.
As a result, in April, Chairman of the House Oversight and Accountability Committee Rep. James Comer sent a letter to Robert Califf, the FDA Commissioner. It stated that the congressional committee was investigating the FDA’s decision not to regulate CBD to understand its “insufficient rationale for inaction.”
Rep. Comer said now is the time to regulate CBD since it’s increased in popularity, with more people using it. He wrote that “as science is catching up regarding the safety of CBD usage,” it is necessary for the FDA to offer guidance. He said a lack of regulation has allowed potentially unsafe products to enter the market. Comer added strict rules would prevent bad actors from entering the space and “increase the amount of good faith manufacturers’ contributions.” 
Requests from the FDA 
Rep. Comer requested a list of documents and information from the FDA. That included all documentation and communications related to the agency’s decision titled, “FDA Concludes that Existing Regulatory Frameworks for Foods and Supplements are Not Appropriate for Cannabidiol, Will Work with Congress on a New Way Forward.” The committee also wanted all information regarding the “FDA’s assessment of the existing regulatory framework.” Further, Rep. Comer requested all of the FDA’s “scientific data, reports, and research” regarding the safety of CBD products.
Additional Criticism 
Besides Rep. Comer, other lawmakers have levied additional criticism against the FDA. Rep. Andy Harris has called for the agency to do more since its inaction is “disrupting public confidence” in its ability to regulate. Other lawmakers believe the FDA has moved too slowly and needs to increase the pace since regulation hasn’t changed in years. Some also believe the FDA is passing the buck to Congress instead of carrying its weight. In the past, several legislators have sent letters to the FDA demanding more stringent action. 
Congressional Regulation 
To help fill in the gaps, Congress has taken some action, such as introducing two bills in March “to provide a pathway for the regulation” of CBD. Under the bills, lawmakers wanted CBD mandated under the Federal Food, Drug, and Cosmetic Act (FDCA). The other bill would force the FDA to devise CBD rules and have a public comment period for consumers to speak out. Right now, the ball is in the FDA’s court.
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Sources:
https://www.marijuanamoment.net/congressional-committee-launches-investigation-into-fdas-decision-not-to-regulate-cbd/
https://www.marijuanamoment.net/new-bipartisan-congressional-bills-would-allow-hemp-derivatives-like-cbd-as-dietary-supplements-and-food-additives/