We advise many of our clients, and particularly our clients the CBD and skincare spaces, on how to navigate the complex state and federal regulations that apply to marketing and labeling their products. And one of the persistent concerns we address from clients in this industry is how to run a compliant business that does not wind up on the receiving end of an enforcement action from the Food and Drug Administration (FDA). Some related topics we’ve written on are CBD comestibles, CBD pet products, CBD in alcohol, and CBD topicals.
We’ve also written about the enforcement actions issued by the FDA to CBD companies, including those issued to CBD companies selling topical products, and on April 23, 2020, the FDA announced its latest round of enforcement. In this case, letters were issued to CBD companies claiming that their products could treat medical conditions, including opioid addiction, or serve as an alternative to opioids. The fact that these claims won’t fly should be obvious to everyone in the industry by this point, but alas, companies continue to make egregious medical claims about their CBD products. This is a great way to receive FDA scrutiny.
According to the FDA’s press