FTC Sends Three Warning Letters To CBD Companies

On September 10, 2019, the Federal Trade Commission ("FTC") announced that it sent three warning letters to companies unlawfully advertising Cannabidiol ("CBD") products for the treatment of serious diseases. Although the FTC did not identify which companies received these warning letters, the FTC said that these companies sell oils, tinctures, capsules, gummies, and other creams that contain the ingredient CBD. We recently reported on the FDA's most recent warning letter to Curaleaf, Inc., in which the FDA warned of Curaleaf's unlawful marketing and communication of its Hemp CBD Lotion, Pain Relief Patch, Tincture, Vape Pen and other CBD pet products.

The FTC's Press Release warned that website claims made by these companies about their CBD-infused products could violate the FTC Act. For example, claims that these products treat and/or cure serious diseases and health conditions such as autism, bipolar disorder, post-traumatic stress disorder, schizophrenia, anxiety, depression, Alzheimer's, Lou Gehrig's Disease (ALS), fibromyalgia, cancer, AIDS, multiple sclerosis (MS), addiction, chronic pain, arthritis, diabetes, epilepsy, heart disease, asthma, Parkinson's, Crohn's, and brain injuries, among others. In describing how CBD treats and/or cures these diseases and health conditions, one company stated that CBD "works like magic," is "better than prescription opioid pain killers," and that CBD has been "clinically proven" to treat these diseases and health conditions, while...