Claudia Lewis, Venable: Immunity and healthy claims, CBD regs

Claudia Lewis, partner, Venable: ​There is often a fine line between permissible immune function claims and impermissible disease prevention claims. As the  pandemic continues, I am curious as to where FDA will draw the line...​

While HR 8179​ ​(to legalize hemp and hemp-derived CBD for use in dietary supplements) is pending, I will be watching how, what and when FDA may take enforcement action on such products.  ​

Finally, 'healthy' food products are usually considered to be low in fat, sodium, and cholesterol; but the plaintiff’s bar seems to evaluating the use of the term in a much broader way.  Even if FDA’s standard is met,  the plaintiff’s bar seems to be viewing the food profile (i.e., product name, ingredients, daily value, phytochemicals, additives, etc.) and the purpose the food product is meant to serve to evaluate whether it is in fact healthy.  I will be keeping an eye on this.​