Yesterday the FTC issued letters to three unidentified companies warning that their advertising of CBD oils, tinctures, capsules, “gummies” and creams may violate FTC rules. The Commission issued similar letters in April to Nutra Pure, PotNetwork Hold and Advanced Pain.

The companies are being warned regarding unsubstantiated claims related to a number of different cannabidiol (CBD)-containing products. Each of the companies have made claims in their advertising that their products can treat or cure a number of diseases and health conditions, including cancer, Alzheimer’s disease, multiple sclerosis, Parkinson’s disease, epilepsy and other chronic, debilitating and even deadly conditions. Multiple claims were also made regarding their products effectiveness as a painkiller, in one instance claiming that CBD “works like magic” to relieve “even the most agonizing pain” better than opioids.

The FTC has given each of the companies 15 days to address the Commission’s concerns via a review of all claims and customer testimonials to ensure that they are supported by “competent and reliable scientific evidence.” A failure to address the FTC’s concerns may result in legal action against the companies, including injunctions and orders to refund money to customers.

The FisherBroyles Pharmacy and Health Care Law team is pleased to keep you updated on events of interest to those in the healthcare and pharmaceutical industries. Questions regarding the subject matter of this alert may be directed to any of the following attorneys:

Brian Dickerson, FisherBroyles Partner
Brian E. Dickerson
brian.dickerson@fisherbroyles.com
202.570.0248

Anthony Calamunci, FisherBroyles Partner
Anthony Calamunci
Anthony.calaunci@fisherbroyles.com
419.376.1776

Nicole Waid, FisherBroyles Partner
Nicole Hughes Waid
nicole.waid@fisherbroyles.com
202.906.9572

Amy Butler, FisherBroyles Partner
Amy Butler
amy.butler@fisherbroyles.com
419.340.8466