FDA Warning Letters Over CBD

Three of the FDA warning letters in the past week have been concerning products containing CBD. Looks like they are starting enforcement activities in this area.

All three of the warning letters (to PotNetwork Holdings, Advanced Spine and Pain, and Nutra Pure) cited similar violations.

Drug Claims

Claims that the product would treat or mitigate various diseases, aches, and pains, including:

  • slowing Alzheimers
  • anti-emetic
  • anti-convulsive
  • neuro-psychiatric disorders
  • skin conditions
  • psoriasis
  • inflammation
  • fibromyalgia
  • PTSD
  • OCD
  • Parkinson’s
  • cancer pain
  • Inflammatory Bowel Disease
  • substance abuse; opioid abuse

And that’s just a sampling of the various claims made by the three companies!

Of course, CBD has not been approved as a treatment for any of these things, and so making the claims causes the product to be an unapproved new drug.

Dietary Supplements / Food

Several of these companies also stated or implied that their CBD products were food or dietary supplements, or that they could be ingested. They were cited on the basis that CBD oil is already approved as the active ingredient in the approved drug product Epidiolex. It it illegal to include an approved drug active ingredient in a food or dietary supplement.

Unsubstantiated Advertising Claims

Unlike most warning letters, these letters included a section on potential violations of the FTC laws, which say that it is unlawful to advertise that a product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence … substantiating that the claims are true at the time they are made.

Recipients of the warning letters were told that the FTC was concerned that some of the efficacy claims made for the products may not be adequately substantiated, and they should contact the FTC to address those concerns (within 15 days).

This joint action by the FTC and FDA is an interesting addition to the warning letters. They seem to be coming at it with both barrels, saying not only that the producers can’t CLAIM the efficacy, but also that they don’t have PROOF of the efficacy.

Cosmetic Claims

None of these letters made any reference to any cosmetic claims that may have been made about the products.


4 responses to “FDA Warning Letters Over CBD”

  1. After having you in my life through three of your books and this blog, I haven’t received an email with the “next” in the monthly blog notification. I hope this finds you well and in great spirits and you are just taking some time off. (but I miss the blog) Can you send out an email letting us know your fine and when we can expect the blogs to start up? Thanks for all you do… Gainer

    1. Marie Gale

      Probably because I have been remiss in posting. You should get a message when the next post goes up, which I hope will be very soon!

  2. Luckily, I love in Colorado. If I wanted CBD, I can find a dispensary that sells it, since they are highly regulated to have the amount of CBD and THC they state it does.

  3. Exactly why I chose not to deal with CBD at this point. I know there are others who do but I think they are playing with fire. Thank you for this post. With all the push from certain companies to sell, it affirms my stand right now.

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