In a wide ranging interview this week, outgoing U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb made news with comments on the agency’s approach to CBD regulation and addressing youth access to e-cigarettes.

On CBD, the Commissioner said that a working group to develop regulations for hemp products was being created within the FDA. The commissioner said that the working group will look for “legislative pathways” to regulate the products, and would likely have their recommendations to Congress by the summer. Legislation passed in 2018 exempted hemp and hemp-derived products from the Controlled Substances Act, including hemp-derived cannabinoid, better known as CBD. The commissioner said that since CBD has been approved as a drug, “it can’t just be put into the food supply.”

Additionally, at the same event, the commissioner indicated that the FDA may need to pull pod-based nicotine products off the market as the agency battles an increase in teen vaping. He called a recent meeting with e-cigarette manufacturers “difficult” and raised concerns that Altria’s stake in JUUL breaks commitments that each company made to address the surge in youth use of electronic nicotine delivery system (ENDS) products. This statement goes even further than the recent guidance issued by the FDA. CDA’s most recent memo on the FDA draft guidance on ENDS products is here.