news

Client Alert – FDA Issues More Warning Letters Regarding the Marketing of Cannabidiol-Containing Product

Sep 11, 2019
  • FisherBroyles News
  • Pharmacy Law

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
[email protected]
202.570.0248

Anthony Calamunci, FisherBroyles Partner
Anthony Calamunci
[email protected]
419.376.1776

Nicole Waid, FisherBroyles Partner
Nicole Hughes Waid
[email protected]
202.906.9572

Amy Butler, FisherBroyles Partner
Amy Butler
[email protected]
419.340.8466

About FisherBroyles, LLP

Founded in 2002, FisherBroyles, LLP is the first and world’s largest distributed law firm partnership. The Next Generation Law Firm® has grown to hundreds of partners practicing in 23 markets globally. The FisherBroyles’ efficient and cost-effective Law Firm 2.0® model leverages talent and technology instead of unnecessary overhead that does not add value to our clients, all without sacrificing BigLaw quality. Visit our website at www.fisherbroyles.com to learn more about our firm’s unique approach and how we can best meet your legal needs.

These materials have been prepared for informational purposes only, are not legal advice, and under rules applicable to the professional conduct of attorneys in various jurisdictions may be considered advertising materials. This information is not intended to create an attorney-client or similar relationship. Whether you need legal services and which lawyer you select are important decisions that should not be based on these materials alone.

© 2021 FisherBroyles LLP