Could the Biden administration bring a new approach to enforcement of CBD health claims?

Two commissioners – one of which is staying on to work as part of the Republican minority of the five-commissioner panel in charge of the FTC, and the other of which appears to have some influence on their likely replacement – had penned statements on the enforcement action taken by the agency against CBD firms towards the end of 2020.

In essence, the statements opine that the FTC should take a slightly different tack and concentrate more fully on the for-profit opioid industry as well as concern itself more with the larger companies knowingly infringing the rules rather than the relatively small fry that made up most of the FTC’s prior efforts in the CBD arena.

However, that in no way means the FTC will not continue to take enforcement action on unsupported health claims – in particular those it considers especially egregious or potentially dangerous. It just may mean a slight shift in priority and a focus of limited resources elsewhere.

One particular question remaining that should be addressed is what exactly the FTC will do about opioid dependency claims. If it follows the path suggested by the two commissioners, then it would be saying it considers for-profit opioid sales to be a potentially more serious issue.

What then about the sort of consumer claims on the use of CBD as alternatives to or methods of weaning off of opioids? Will it still give them the level of attention and criticism as it previously did?