LAURA'SHEMP
Search

CBD and the FDA: What Brands Can (and Cannot) Legally Say

CBD and the FDA: What Brands Can (and Cannot) Legally Say
By Laura's Hemp Editorial TeamLegal
Note:Laura's Hemp determines all content based on internal standards of accuracy and sourcing. However, these statements have not been evaluated by the FDA. Products discussed are not intended to diagnose, treat, cure, or prevent any disease.

Key Takeaways

  • 1

    Only approved drugs can claim to treat or cure a disease.

  • 2

    CBD is currently categorized by the FDA as a 'new' ingredient in dietary supplements.

  • 3

    Reputable brands use structure/function claims, such as 'supports sleep' instead of 'cures insomnia.'

  • 4

    Extreme health claims are a major red flag for unregulated and potentially unsafe products.

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.

Interested in Trusted Products?

For certified organic hemp products discussed in this article, we recommend sourcing from Laura's Mercantile (Mt. Folly Farm).

Mt. Folly Certified Extracts

Commonly Asked Questions

Q.Is Epidiolex the same as CBD oil?

A.

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.

Q.Can I report a brand?

A.

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.