Nice
catch!
While
the
FDA
has
done
little
to
advance
cannabidiol
(CBD)
regulations,
Major
League
Baseball
(MLB)
is
taking
the
lead
in
regulating
and
marketing
these
products.
Earlier
this
month,
MLB
became
the
first
major
professional
sports
league
to
partner
with
Charlotte’s
Web,
one
of
the
leading
CBD
companies
in
the
country.
This
multiyear
partnership
agreement
stems
from
MLB’s
desire
to
address
baseball
players’
increased
demand
and
use
of
CBD
by
providing
them
access
to
safe
products.
The
new
line
of
CBD
tinctures,
called
Sport
Daily
Edge,
which
harbors
the
MLB
logo
on
its
packaging,
is
independently
tested
and
certified
by
NSF
International
(NSF)
to
ensure
it
meets
MLB’s
high
safety
standards
and
can
be
promoted
across
MLB
events
and
media
platforms.
NSF
is
an
independent
product
testing,
inspection,
and
certification
organization
that
assists
manufacturers
and
regulators
across
the
globe
with
developing
public
health
standards
and
minimizing
adverse
health
effects.
Sport
Daily
Edge’s
bearing
of
the
NSF
certification
demonstrates
Charlotte’s
Web
and
MLB’s
commitment
to
quality,
compliance,
and
safety,
but
also
sets
a
high
standard
for
the
industry.
This
landmark
partnership
in
baseball
and
sports
is
exciting
though
not
entirely
surprising.
Both
MLB
and
Charlotte’s
Web
have
been
instrumental
in
legitimizing
the
hemp
and
CBD
industry.
For
years
now,
Charlotte’s
Web
has
been
strongly
advocating
for
the
development
of
a
clear
and
robust
regulatory
framework
for
full-spectrum
hemp
products
that
would
protect
consumers
while
meeting
their
demands.
Not
only
has
the
company
been
a
pioneer
in
regulating
the
industry,
it
has
consistently
challenged
the
FDA’s
persistent
position
against
the
sale
and
marketing
of
these
products
and
has
publicly
questioned
the
FDA’s
plan,
or
lack
thereof,
to
develop
a
much-needed
regulatory
framework
following
the
passage
of
the
Agriculture
Improvement
Act
of
2018
(2018
Farm
Bill).
For
its
part,
MLB
has
been
among
the
most
progressive
professional
sports
organizations
in
the
U.S.
when
it
comes
to
cannabis.
For
example,
in
2020,
the
league
removed
cannabis
from
its
list
of
banned
substances
and
announced
it
would
not
punish
players
for
using
cannabis
while
they
are
not
working.
These
significant
policies
changes,
which
focus
on
treatment
rather
than
penalties,
have
paved
the
way
for
other
professional
athletic
governance
bodies
that
recently
relaxed
their
rules
around
cannabinoids,
including
the
National
Football
League
(NFL)
and
the
National
Basketball
Association
(NBA).
Sadly,
this
shift
has
not
occurred
on
an
international
level
as
was
revealed
last
summer
when
U.S.
sprinter
Sha’Carri
Richardson
was
suspended
from
the
Olympics
over
a
positive
THC
test.
But
more
than
a
landmark
partnership,
this
association
between
MLB
and
Charlotte’s
Web
and
the
promotion
of
CBD
products
for
their
health
and
wellness
purposes
openly
defies
the
FDA’s
current
position
on
these
products.
As
I
have
discussed
ad
nauseam
in
this
column,
the
federal
agency
takes
issue
with
promoting
the
therapeutic
value
of
CBD
and
other
hemp-derived
products
and
has
focused
most
of
its
efforts
on
issuing
warnings
letters
to
these
marketers.
But
this
defiance
is
not
unexpected
either.
Since
the
enactment
of
the
2018
Farm
Bill,
Charlotte’s
Web
has
repeatedly
criticized
the
FDA
(rightfully
so)
for
failing
to
establish
a
national,
uniform
regulatory
framework
for
CBD
products
and
has
blamed
the
agency’s
passiveness
for
the
industry’s
slow
economic
growth.
This
latest
development
in
major
league
sports,
along
with
the
FDA’s
recent
hiring
of
cannabis
policy
expert,
Norman
Birenbaum
—
Birenbaum
is
a
former
cannabis
official
in
Rhode
Island
and
New
York
and
the
former
president
of
the
Cannabis
Regulators
Association
(CANNRA),
a
nonpartisan,
nonprofit
organization
of
cannabis
regulators
established
to
share
institutional
knowledge
and
develop
cannabis
best
practices
—
are
positive
steps
toward
the
regulation
of
hemp-derived
products
like
CBD.
I
can
only
hope
that
the
FDA
will
recognize
the
valuable
work
and
contributions
made
by
stakeholders
like
Charlotte’s
Web
and
MLB
in
shaping
and
legitimizing
the
industry,
and
lean
on
them
as
well
as
on
policy
experts
like
Birenbaum,
to
finalize
its
position
on
the
manufacture,
sale,
and
marketing
of
these
products,
and
consequently,
bring
regulatory
certainty
to
the
industry
and
consumers.
Nathalie
Bougenies
focuses
her
practice
on
health
and
wellness,
in
addition
to
corporate
transactions
and
regulatory
compliance.
For
the
past
four
years,
Nathalie
has
helped
clients
navigate
the
complex
regulatory
landscape
of
hemp
products
intended
for
human
consumption
and
advises
domestic
and
international
clients
on
the
sale,
distribution,
marketing,
labeling,
and
importation
of
these
products.
Nathalie
frequently
speaks
on
these
issues
and
has
made
national
media
appearances,
including
on
NPR’s
“Marketplace.”
She
also
authors
a
weekly
column
for
“Above
the
Law”
that
features
content
on
cannabis
policy
and
regulation.
For
four
consecutive
years,
Nathalie
has
been
named
Rising
Star
by
Super
Lawyers.