The Federal Trade Commission (FTC) sent Warning Letters to three companies that sell products containing cannabidiol (CBD) and advertise that the products prevent, treat, or cure disease without substantiation of the purported health benefits.  The products covered by these warnings letters were oils, tinctures, gummies, and dietary supplements.

According to the press release announcing the warning letters, FTC noted claims characterizing CBD as better than an opioid painkiller, “magic,” and a “miracle” as violative of the FTC Act.  FTC also noted that claims related to thousands of hours of research and that CBD is clinically proved to treat a myriad of diseases, such as cancer, Alzheimer’s, AIDS, among others, are also prohibited by the FTC Act without the support of competent and reliable scientific evidence.

This is the second action FTC has taken against companies that sell CBD products with advertising that contained health claims.  In April of this year, FTC, jointly with FDA, sent Warning Letters to three other companies.

This action underscores the federal government’s vigilance regarding products that contain CBD without substantiating scientific evidence for the purported health benefits of those products.

Contact us

Husch Blackwell has experience working with companies on how to market CBD products in light of FDA and FTC’s enforcement actions.  Our Cannabis and FDA lawyers have the necessary scientific and regulatory expertise to assist companies considering making or marketing CBD or cannabis containing products.  Contact Seth Mailhot, Steve Levine, Emily Lyons, or your Husch Blackwell attorney.

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Photo of Emily Lyons Emily Lyons

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to…

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to market. At the intersection of agriculture, food and environment, Emily handles compliance matters such as labeling, marketing, permitting and agency inquiries including the Food Safety Modernization Act, Pasteurized Milk Ordinance, USDA National Organic Program and bioengineered food disclosure standard, Generally Recognized as Safe status for food additives and food contact substances, and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).