Ullman Interviewed about Potential FDA Lawsuits Over CBDMarch 17, 2023 |
The FDA is facing possible legal action after three citizen petitions were rejected by the administration. All petitions were requesting that the FDA allow for the inclusion of CBD in dietary supplements, through some trade groups.
Ullman stated that the FDA is “saying there’s no basis for them to do anything, and I don’t think denying a citizen petition like this is official agency action.”
He states that it may be difficult for a trade association to establish “standing,” as the standing doctrine typically requires a party to demonstrate it has suffered, or is about to suffer, an injury.
“You’re much better off having somebody who actually will suffer real damage,” and “standing for trade associations can be dicey,” Ullman said.
- Marc S. Ullman