Lack of Regulation Pauses CBD Labeling Lawsuit Against CV Sciences

Judge Law Court
  • A federal judge in California ruled that the lawsuit against CV Sciences will be delayed until the FDA creates regulations for CBD.
  • The suit filed against the company is class-action for mislabeling their product.
  • No timeline has been provided for when the FDA will review CBD products that are sold over the counter.

A federal judge has ruled that the San-Diego based CBD maker, CV Sciences, will not face a lawsuit until the U.S. Food and Drug Administration (FDA) decides how to regulate CBD products that are sold over the counter. 

This now marks the second time that a federal judge has delayed a lawsuit regarding CBD because the FDA is still reviewing whether or not CBD should be sold without a prescription. California’s Virginia Phillips was the federal judge who made the decision to delay the lawsuit against CV Sciences. 

Last year, CV Sciences received a lawsuit from a woman living in Arizona who had purchased their sublingual CBD product (sublingual means “under the tongue”). She later found out that they were not approved by the federal government and sought class-action status for the mislabeling of their product.

The woman referenced the FDA warning letters that were sent out to CBD companies to make her point that CBD is not a legal dietary supplement. Although the FDA has the ability to discipline these CBD makers for making false claims, the judge noted that the regulations were still under review.

“The fact remains that the FDA has not formally established its position,” Judge Phillips commented. It was ordered that both parties in the case check in every 90 days in the event of the FDA establishing regulations.

This was one of many mislabeling lawsuits that occurred across the United States.

The FDA promised that they would review CBD products sometime last year, but no actions have occurred yet. Because of this, CBD companies facing lawsuits push for delays in their case.



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