You Ask, We Answer (Part 1): Questions From the California Cannabis Webinar

I recently teamed up with my colleagues Hilary Bricken and Griffen Thorne to put on a free webinar answering all of your pressing questions about cannabis legal issues in California. (Check out the replay here.) The response was overwhelmingly positive, and we received a lot of great questions that we weren’t able to get to during the hour-long session. We’ll be offering similar webinars in the future, but in the meantime we thought it would be useful to take some time and answer some of the questions we received that we weren’t able to cover live. In this round of questions, we’ll tackle issues that relate to hemp and CBD.

Q: If my CBD company posts a testimonial on its website that arguably includes a “medical claim” will a disclaimer protect me?

The FDA will treat products as drugs if the labeling or marketing of those products suggests they are “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.” Phrases like “combats tumor cells” and “[has] anti-proliferative properties that inhibit cell division and growth in certain types of cancer” clearly suggest that the CDB product can cure, mitigate, treat or prevent cancer, and is thus a drug.

Any

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