How the FDA is Suing Many Companies in the US for Selling CBD Products That Don't Contain CBD

With an increase in demand for CBD based products comes a resultant increase in the number of formulators. Since most of these users have little to no knowledge concerning these products, they can be tricked into purchasing items that contain little to no CBD or any active ingredient. This is what the FDA and other leading safety organizations are working tirelessly to contain.

In 2019, the FDA, in collaboration with the NBC, researched 400 different CBD products sold in the US. These products were subjected to different laboratory screenings to determine their safety level and effectiveness in proffering solutions to several conditions. At the end of the research, it was discovered that most of the CBD products marketed contained little to no CBD concentration, were heavily contaminated with heavy metals, microorganisms, and more. To this end, they issued warning letters to 15 CBD companies for illegally selling products containing CBD in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). After this warning, the FDA went ahead to publish a revised version of the Consumer update stating all the safety concerns associated with CBD products.

According to the terms of the FDA, all CBD companies marketing products contrary to what is published on the product label may face a class action. CBD companies like KOI and Green Road have been sued for marketing CBD products with no CBD in them. In the case of Green Roads, it was discovered that the terpene product marketed contained no terpenes,thus misleading the users. Green Roads and KOI were among the 15 CBD companies warned by the FDA for selling misleading CBD products in the market.

Some CBD companies were issued a lawsuit for selling CBD products as dietary supplements. According to the terms of the lawsuit, the CBD companies were misleading their consumers by marketing CBD as dietary supplements when the FDA has stated that as an illegal act. CBD companies like Charlotte’s Web Holding Inc and Infinite Product Co, faced a lawsuit for improperly marketing their CBD products. According to the terms of the lawsuit, the companies marketed CBD products as dietary supplements. This was against the terms and conditions stated by the FDA for marketing CBD products.

On May 4, 2020The CBD Chain American Shaman was sued for aggressively marketing its CBD products as natural and containing no heavy metals. Although CBD Chain American Shaman had evidence from a laboratory on how their products were safe for consumption, another laboratory discovered that all concentrations of heavy metals were above the recommended threshold in American Shaman products, thus misleading the public. According to the new lab reports, American Shaman products contained lead, nickel and copper contaminants.

Although there are claims that the terms of the FDA on CBD products are not clear, there is a need for CBD companies to adhere to these rules until the FDA officially releases a statement tagging CBD products as dietary supplements. All CBD companies selling CBD products with little to no CBD also stand a chance of facing a lawsuit since it can be classified as misleading the customers.

Final words

Our team of experts are always on the move to formulate highly researched, safe and tested  CBD products. We understand the need to keep you as safe as possible from misleading products hence the reason why we pay attention to every batch of CBD product formulated or leaving our plant.

Let us know if you have questions about CBD products. We will love to hear from you soon.