FDA Warns British CBD Seller Over Virus Prevention Claims

By Sarah Jarvis
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Law360 (April 20, 2020, 6:39 PM EDT) -- The U.S. Food and Drug Administration has told a U.K.-based CBD company to stop making misleading claims that its products prevent or treat COVID-19, following similar warnings the agency has issued to several other companies in the wake of the coronavirus pandemic.

The agency sent a warning letter Thursday to Nova Botanix Ltd. — which does business as CanaBD and sells its products in the U.S. — saying the company made various misleading claims on its website that its CBD oils can offer relief from COVID-19 symptoms and prevent infection by strengthening the immune system.

"FDA is advising consumers not to purchase or use certain products that have not been approved, cleared, or authorized by FDA and that are being misleadingly represented as safe and/or effective for the treatment or prevention of COVID-19," the agency said.

Nova Botanix alleged on its website that relief from the virus is "just within reach in the form of CBD oil," and that those who use the products can "retain a healthy or even higher than average white blood cell count … and prevent catching a virus or infection beforehand," according to the FDA's warning letter.

The FDA said Nova Botanix's products are considered unapproved new drugs sold in violation of the Federal Food, Drug and Cosmetic Act. The agency told the company to respond within 48 hours describing the specific steps it has taken to take corrective action or risk legal action, including a court injunction and an order requiring the company to reimburse consumers.

Nova Botanix and the FDA did not immediately respond to requests for comment Monday.

Thursday's warning comes amid a wave of letters the federal government has sent to companies that the agency says have made bogus claims about their products amid the coronavirus crisis. There are currently no drugs approved to prevent, treat or cure the disease, which has so far infected more than 2.4 million people worldwide.

The FDA and Federal Trade Commission have issued warning letters to several companies in recent weeks that the agencies said have advertised fraudulent coronavirus products, including a CBD company created by former NFL player Kyle Turley.

U.S. Attorney General William Barr has directed U.S. attorney's offices across the country to make enforcement a priority, and states' attorneys general are slapping companies with cease-and-desist letters demanding they stop misleading the public.

--Additional reporting by Jack Queen. Editing by Haylee Pearl.

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