Several examples of such labeling or marketing were included in the letters, many of which clearly appeared to violate the cited regulations:
The FDA concluded by ordering the companies to rectify their labeling and marketing practices (not by mandating that the products be withdrawn from the market):
The debate over hemp CBD’s legal status continues after FDA sent eight warning letters to manufacturers of CBD dietary supplement and food products earlier this month. The warning letters cite impermissible health claims used to market the products, as well as CBD’s invalid status as a dietary ingredient due to its presence in two drug applications currently under consideration. On February 4, FDA sent warning letters to eight companies marketing CBD foods and dietary supplements, partially on the basis of impermissible medical claims used in marketing materials. These include suggestions that CBD may be used to reduce symptoms of schizophrenia, rheumatoid arthritis, diabetes, cancer, multiple sclerosis, and more.
Cannabusiness linked to a 16 February 2016 article published by legal blog Above The Law, which concisely explained why the FDA was sending letters to CBD oil vendors:
The term “drug” means … (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals[.]
On 20 March 2016, the disreputable alternative health web site Natural News published an article claiming the Food and Drug Administration (FDA) had “just” outlawed cannabidiol (CBD) oils by claiming that “all plant molecules now belong exclusively to Big Pharma”:
Warning letters dated 4 February 2016 were published by the FDA to their web site, and the manner in which the agency alleged the CBD manufacturers were in violation of the FDC Act (i.e., marketing their products as dietary supplements) was clearly described:
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