Florida judge: FDA’s CBD review shouldn’t stop labeling claims

Ongoing CBD review by the U.S. Food and Drug Administration shouldn’t mean that CBD makers can’t face labeling lawsuits, a federal judge in Florida ruled.

The ruling means that Diamond CBD of Fort Lauderdale cannot await FDA guidelines before facing a 2019 allegation that it misrepresented the amount of CBD in its products.

U.S. District Judge Robert Scola Jr. noted the ongoing FDA review but pointed out that the agency “has not expressed interest in modifying the disclosure requirements for nutrients or additives.”

“Even if new regulations change the requirements for CBD products’ labels, such as by requiring a safety warning or information on the products’ manufacturing, they seem unlikely to change the food labeling requirements,” Scola wrote.

The judge differed from another Florida judge who put a similar case on hold in January because of FDA review.

In the labeling case against Green Roads of Deerfield Beach, U.S. District Judge Ursula Ungaro said that the FDA’s current rules “provide little guidance with respect to whether CBD ingestibles, in all their variations are food supplements, nutrients or additives and what labeling standards are applicable.”

In the Diamond CBD case, Scola agreed with some of the company’s arguments, ruling that the plaintiff can bring claims only for products she bought, not that others bought.

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