CBD and the FDA: What Brands Can (and Cannot) Legally Say
Have you ever noticed that reputable CBD websites use vague language like "promotes calm" or "supports joint health"?
That is not an accident. It is the law.
The Rule: No Disease Claims
Under FDA regulations, only an approved drug can claim to diagnose, treat, cure, or prevent a disease.
- Illegal: "CBD cures insomnia."
- Illegal: "CBD treats arthritis."
- Illegal: "CBD prevents cancer."
What Can They Say? (Structure/Function Claims)
Brands can use structure/function claims, similar to the vitamin industry.
- Allowed: "Supports healthy sleep cycles."
- Allowed: "Promotes relaxation."
- Allowed: "Supports joint mobility."
Why This Matters for You
If you see a brand making wild promises ("Cures Diabetes!"), they are violating federal law. If they are willing to break that law, they are likely cutting corners on safety and testing too.
The Future
The FDA is currently working with Congress to establish a new regulatory framework for CBD as a dietary supplement. Until then, we exist in a period of "enforcement discretion"—meaning the FDA mainly goes after brands making dangerous health claims.
Frequently Asked Questions
Is Epidiolex the same as CBD oil?
Epidiolex is the only FDA-approved CBD drug (for seizures). It is a highly purified CBD isolate. Consumer CBD oil is similar, but not regulated as a pharmaceutical.
Can I report a brand?
Yes. The FDA has a reporting portal for unlawful products, especially those making dangerous claims.
Sources & References
Content on Laura's Hemp is reviewed for accuracy. Citations and testing data are kept up to date.