Both herbal and CBD product manufacturers were facing serious allegations from the FDA (U.S. Food and Drug Administration)regarding uncorroborated claims about the products. This was prior to the coronavirus pandemic. However, the pandemic has caused further controversial declarations and alarming letters forcing companies to come to a stop with their manufacturing. These FDA sponsored letters have caused businesses claiming to offer immunity and cure people of coronavirus all over the world to come to a standstill.
Kyle Turley, the renowned NFL player encountered serious federal regulations for promoting CBD as a form of treatment and prevention for coronavirus. He encouraged his followers on social media to make the most of CBD to fight this pandemic and support his brand NeuroXPF, a Las Vegas- based company.
So, the question and concern here are what are the different types of labeling, claims, and even hashtags that your company needs to avoid to keep FDA regulators at bay?
According to the Cannabis Committee chairman at the American Herbal Products Association, Asa Waldstein advised CBD based companies to comply with all the FDA marketing and labeling guidelines.
What Are The Claims or Marketing Strategies That CBD or Herbal Product Selling Companies Should Avoid To Steer Clear From The FDA?
All companies associated with manufacturing and selling CBD products should avoid the use of these words – Wuhan virus, coronavirus, COVID-19, and anything related to this pandemic. Any form of claim needs to be avoided. Keep in mind that the use of hashtags is also a form of a claim. The use of #coronavirus while endorsing any CBD or herbal products will immediately alert the FDA. It will appear that you’re implying that your product(s) has the ability to cure or prevent coronavirus.
The warning letters that were issued by the FDA to CBD companies weren’t simply for the claims they were making, it was also for insinuating.
What Measures Does The FDA Take In case A Company Fails To Follow Through Their Guidelines?
If a CBD company fails to comply with the requests and guidelines of the FDA, there is a probability of facing criminal prosecution or seizure of products.
What Kind Of Outrageous Claims Have You Heard Companies Make?
Recently in a warning letter, an extremely blatant statement was cited, ” When colloidal silver has successfully killed the coronavirus strains in laboratory tests in the past, then it should be able to do the same now. In order to fight against coronavirus and protect the immune system one should try Colloidal Silver.”
There was a website that started to sell a variety of products to prevent and cure coronavirus.
What Should Companies Keep In Mind Before Marketing Their Products To Stay Away From The Clutches Of FDA?
If we put it in simple words if you post anything on your company website or social media page it will be considered as a form of promotion or extension of the company label. The FDA is strictly reviewing all social media content for violation of guidelines.
These tips might come handy:
- Your product reviews and testimonials shouldn’t include any kind of claim.
- Hashtags will be considered as claims according to the warning letter precedent from FDA. When a company adds a hashtag claim it elevates the company’s risk for receiving a warning letter from the FDA.
- However, a company that is creating an informational post to support a cause i.e AIDS is allowable. A company is allowed to transform its informational post into claims by simply adding hashtags. They can call consumers to try their products for a particular disease and show how useful it is.
- Any video that carries claims and is posted on YouTube are currently under review. They have been cited in FDA’s warning letters.
- Infographics are viewed as claims.
- It will be considered as a claim if you are citing clinical students.
- If a company is using an informational blog to sell its products via hyperlinks to product pictures, shopping carts, etc – it will be considered as a claim.
- Labels like “Made in the USA” will lead to lawsuits. A company can use this statement only when a majority of the product components are from America – this includes any type of carrier oils and packaging.
