On September 10, 2019, the Federal Trade Commission (FTC) issued a press release regarding its regulation of unsubstantiated health claims and cannabidiol (CBD) infused products, noting that it has sent out warning letters to companies not in compliance. The FTC has not named the 3 companies that received warning letters, but stated that the claims involved the treatment of serious diseases including Cancer, Alzheimer’s, and Multiple Sclerosis.
This is not the first time the FTC has addressed this issue. In March of 2019, the FTC and the Food and Drug Administration (FDA) issued joint warning letters to three companies advertising CBD dietary supplements as treatment for Anxiety and Fibromyalgia. The FDA and the FTC jointly regulate advertising claims regarding health benefits.
In addition, in July, the FDA sent a warning letter to Curaleaf causing big box retailers, Walgreens and CVS Pharmacy to pull the CBD items from the shelves.
The FTC’s involvement should be noted by the industry, as this agency tends to be a bit more aggressive regarding fines and prosecution for advertising violations. The link to the press release with more detail can be found here.
For more information contact our partner Nichole Geary.