US crackdown on CBD industry claims

US watchdogs have launched a nationwide crackdown on CBD brands making ‘deceptive’ marketing claims about their products.

The US Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have announced the first law enforcement crackdown on ‘deceptive’ claims in the growing market for CBD products.

Known as ‘Operation CBDeceit’, it is part of the ongoing effort to protect consumers from false, deceptive, and misleading health claims made in advertisements on websites and through social media sites such as Twitter.

The FTC is taking action against six sellers of CBD products for allegedly making a wide range of scientifically unsupported claims about their ability to treat serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others.

The companies, and individuals behind them are required to stop making such unsupported health claims immediately, and several will pay monetary judgments to the agency.

The orders also bar the respondents from similar deceptive advertising in the future, and require that they have scientific evidence to support any health claims they make for CBD and other products.

Andrew Smith, Director of the FTC’s Bureau of Consumer Protection commented: “The six settlements announced today send a clear message to the burgeoning CBD industry: Don’t make spurious health claims that are unsupported by medical science. Otherwise, don’t be surprised if you hear from the FTC.”

The FDA has also issued warnings to several companies for selling products containing CBD in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Five warning letters address the illegal marketing of unapproved CBD products claiming to treat medical conditions.

These include CBD products that are especially concerning due to the route of administration, including nasal, ophthalmic and inhalation. In addition, they address violations relating to the addition of CBD to food, and the marketing of CBD products as dietary supplements.

Two of the letters also address CBD products illegally marketed for pets, including a product for use in the eye.

“The FDA’s first priority is to protect the health and safety of Americans. Many questions remain regarding the science, safety, effectiveness and quality of products containing CBD,” said FDA principal deputy commissioner Amy Abernethy, M.D., Ph.D.

“We remain focused on exploring potential pathways for CBD products to be lawfully marketed while also educating the public about these outstanding questions of CBD’s safety. Meanwhile, we will continue to monitor and take action, as needed, against companies that unlawfully market their products — prioritising those that pose the greatest risk of harm to the public.”

The FDA has previously sent warning letters to other companies illegally selling unapproved CBD products that claimed to prevent, diagnose, mitigate, treat or cure various diseases, in violation of the FD&C Act.

Under the FD&C Act, any product intended to diagnose, cure, mitigate, treat or prevent a disease, and any product (other than a food) that is intended to affect the structure or function of the body of humans or animals, is a drug.

Although consumers report using CBD to manage a wide range of health conditions, including stress, anxiety and pain, the FDA has not approved any CBD products other than one prescription drug for the treatment of seizures associated with tuberous sclerosis complex (TSC), Lennox-Gastaut syndrome (LGS) and Dravet syndrome (DS) in human patients.