FTC Senses Cloud Around CBD Consumer Health Advertising, Warns More Firms
FTC warned firms selling CBD oils, creams, capsules and gummies with common advertising theme emphasizing ingredient "as a treatment or cure for serious diseases." Some ads specified conditions including Alzheimer’s, multiple sclerosis, epilepsy, heart disease and stroke, claims likely to get FDA's attention, too.
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"Warning letter phase is over ... We will be opening investigations and we will target companies making disease claims for CBD products," says FTC attorney Rich Cleland. Agency also looking to hold retailers responsible for third-party vendors' false claims.
CBD claim warning comes as FDA reviews more than 4,200 comments on its initiative to determine whether to open regulatory paths for firms to market non-drug products containing hemp- or cannabis-derived ingredients. From Deputy Commissioner Abernethy statement included in announcement about warning, it appears agency is getting message industry trade groups stated in comments that enforcement over non-drug products containing CBD cannot wait.
With public hearing scheduled May 31 and a related public comment period, FDA "is interested in whether there are particular safety concerns that we should be aware of as we consider the FDA’s regulatory oversight and monitoring" of CBD products. Also influencing FDA's consideration is that CBD and other cannabis-derived substances are approved and being studied as drugs products, making their use as dietary ingredients noncompliant with agency regulations.