CBD is sold widely in the United States, but the claims you can make about it are narrow. Two federal agencies watch CBD marketing: the FDA and the FTC. This guide covers the claims that draw their attention and what to write instead. This is general information, not legal advice.
No disease or treatment claims
The FDA has sent warning letters to companies selling CBD products that claimed to prevent, diagnose, treat or cure serious diseases, such as cancer. The FDA has approved one CBD drug, a prescription medicine for certain seizure disorders, and states that there are no other FDA-approved drug products that contain CBD.
- ❌ "Treats anxiety and depression"
- ❌ "Relieves arthritis pain"
- ❌ "Helps fight cancer"
- ❌ "A natural alternative to prescription painkillers"
- Why: These are drug claims, and your product is not an approved drug
Do not call it a dietary supplement
This one surprises many sellers. The FDA's published position is that CBD products are excluded from the dietary supplement definition in federal law. The FDA also says it is a prohibited act to sell food with added CBD in interstate commerce.
| Wording | FDA's published position |
|---|---|
| "CBD dietary supplement" | CBD is excluded from the dietary supplement definition |
| "CBD-infused" food or drink | Adding CBD to food sold in interstate commerce is prohibited |
| "FDA approved" | False for any CBD product other than the one approved prescription drug |
Health claims need scientific proof
The FTC treats CBD like any other health product. Its guidance says health claims for CBD are subject to the same scientific substantiation requirements as any other advertised health claim. In December 2020 the FTC announced actions against six sellers of CBD products over unsupported health claims.
- Serious disease claims: The FTC's orders in those cases required human clinical testing before the sellers could make them
- Other health claims: Need competent and reliable scientific evidence
- "Medically proven" or "studies show": The FTC challenged these where the science did not support them
- Testimonials: The FTC's health products guidance says consumer experiences are never sufficient to substantiate a health claim
Claims in less obvious places
A claim does not have to be in the product description to count against you. Review every place a shopper sees your marketing.
- ❌ A customer review you feature that says the product cured a condition
- ❌ A product name or collection title that names a disease
- ❌ Blog posts that link disease research to your product
- ❌ Social posts that make the claim your product page avoids
What you can say
Stick to facts you can document. Describe what is in the product and leave health outcomes out.
- ✅ CBD content per serving and per container
- ✅ The type of extract and the other ingredients
- ✅ Third-party lab results, if you have them, linked to the batch
- ✅ Scent, texture, flavor and how to use the product
State rules on CBD also vary, so check the rules where you sell. For related rules, see supplement claims under the FDA and FTC.
Doing this at scale
ContentGuard scans product descriptions and classifies each claim as safe, risky or prohibited against a rule profile you choose, cites the governing FDA or FTC rule, and proposes a rewrite you can apply in one click. It is a screening tool, not a substitute for legal review. See ContentGuard.