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CBD Advertising and FTC Enforcement

October 9, 2019 by Richard B. Newman

FTC

Since passage of the “Farm Bill” which legalized hemp-derived CBD containing less than 0.3% THC, the Federal Trade Commission has twice issued warning letters to marketers of CBD products. In March 2019, the FTC and U.S. Food and Drug Administration issued warning letters to companies that allegedly made false and unsubstantiated “disease treatment” claims for CBD products.  … [Read more...]

CBD: The FDA and State Attorneys General

August 16, 2019 by Richard B. Newman

FTC

Former U.S. Food and Drug Administration Commissioner Scott Gottlieb recent stated that, “the CBD craze is getting out of hand…”  Federal law currently permits for the distribution of hemp-derived CBD products that contain 0.3% THC or less to be sold, with certain exceptions. The FDA has indicated that it will be increasing regulations, as well as making recommendation … [Read more...]

FDA Issues CBD Substantiation Warnings

December 5, 2017 by Richard B. Newman

renewal legislation

On November 1, 2017, the Food and Drug Administration (FDA) issued warning letters to four companies with respect to CBD-related claims made in online stores and on social media websites.  The advertising at issue includes phrases like “CBD makes cancer cells commit ‘suicide’ without killing other cells” and “combats tumor and cancer cells.” In a press announcement, the FDA … [Read more...]

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