Avadim Health argues National Advertising Division expects substantiation for its homeopathic topical claims at the same level FDA requires for NDAs. NAD also said although FTC’s competent, reliable scientific evidence standard is “flexible” to some degree, pain claims are held to a more rigid standard.

“There’s a heightened need for products that deliver against health, hygiene and clean home concerns and a willingness to spend just a little bit more to ensure that I’m using a product that I know and trust,” says CFO Jon Moeller 

Consumers ages 18 to 35 represent nearly half the respondents saying they use CBD-containing products for mental health; consumers 35- to 65-years-old make up the majority saying they use the products for sleep issues, according to marketing and research firm Bigeye Agency.

Legislation some states have passed is unclear and sometimes conflicts with state enforcement agencies’ policies, attorneys commented during recent FDLI conference. In states without a law, many marketers incorrectly assume sales of hemp-derived CBD in those states are legal under the 2018 farm bill.

At FDLI annual meeting, attorneys cast doubt on CBD rules outlook. Paul Joseph says regulations are at least a year away while Jonathan Havens doubts FDA is even working on regulations, including GMPs, because it is still asking industry for specific safety details.

Some firms that challenged ad claims NAD attorneys later bring to FTC's attention want to take more shots at the claims while businesses making the claims want to repeat their arguments from NAD reviews, says Carolyn Hann, FTC chief of staff for advertising practices.