how do we get around the "Dietary Supplement" or "Food Additive" for CBD Gummies?
You don't.
Consistent with FinCEN's guidance on hemp related businesses, some institutions are taking a risk-based approach to develop questionnaires to ask businesses to attest to certain things, such as not selling products with over 0.3% of THC levels, not selling any products that don't meet FDA standard (and then listing examples such as edibles) and then having the conversation from there.
You either decide to accept the risk and continue to bank the customer (and evaluate filing SARs based on their sale of gummies) or they stop selling those products, or your terminate the relationship. Those are really the three choices you have. You due diligence on these customer may also include reviewing the "warning letters" the FDA sends out to businesses selling illegal products to see if your customer is on that list as that may have a bearing on what steps you take.
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