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United States: FDA sent Warning Letters to companies for illegally selling food and beverage products that contain CBD

On November 21, 2022, the U.S. Food and Drug Administration (FDA) sent warning letters to five companies for illegally selling products containing cannabidiol (CBD).

According to the FDA, these companies are selling CBD containing products that people may confuse for traditional foods or beverages which may result in unintentional consumption or overconsumption of CBD. CBD-containing products in forms that are appealing to children, such as gummies, hard candies and cookies, are especially concerning according to the FDA.

These warning letters also outlined additional violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act), including that several of the companies are illegally selling unapproved CBD products that claim to cure, mitigate, treat or prevent various diseases, and adding CBD to animal foods, such as pet treats.

The FDA has requested responses from the companies within 15 working days stating how they will address the issues described in the warning letters or providing their reasoning and supporting information as to why they think the products are not in violation of the law.

Failure to adequately address the violations promptly may result in legal action, including product seizure and/or injunction.