10 Practical Tips
It’s not easy to launch a product line or business, but, boy, is it worthwhile! Dog-tired at the end of a busy round of farmers’ markets, we still look at one another and grin as we head to the kitchen for a cup of Dalila Rose. We’re very glad to be working for ourselves in service of better health for those who seek new wellness solutions. Welcome to the quest!
Each week, we discuss a business facet from the point of view of a manufacturer of wellness products that may contain CBD. While sound startup business advice is valid across the board, we believe it’s helpful to view 10 of these building blocks through a prism specific to our industry. We aim to encourage the growth of your business and hope to create a community of like-minded entrepreneurs.
We talked last week about supply chain redundancy and preparedness. You can review that or any earlier tip here – Starting a CBD Business, Tip 6.
Today, we’ll take on another challenge: regulatory necessities. Read on for Tip 7.
7. Label It Right
“Not meant to diagnose, cure, or treat any disease”
Laws and regulations affect so many areas of doing business life, especially in new and innovative businesses. Our industry is one that qualifies. As we visit 10 areas that CBD businesses must master, we inevitably come upon those facets where enterprise meets government. Don’t worry: we can negotiate the obstacle course if we take care, and we can comfort ourselves when frustrated with the knowledge that our industry is developing and devising itself as we work.
So how may you describe your products and the benefits they may offer?
First, be sure the label for every product includes these words:
“These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”
Also these: “Always consult your physician before taking herbal supplements.”
You MAY NOT
- Label any food as a drug. Here’s an example of what’s forbidden: CBD replaces aspirin.
- Relate the product’s or CBD’s impact on any illness. Forbidden: My Product treats arthritis.
- State that the product or CBD will perform some physical or health-related function. Forbidden: CBD cures athlete’s foot.
The pharmaceutical world is heavily regulated, and if you claim CBD will cure or treat any disease, you will find yourself on the wrong side of the FDA. Therefore, invest time and attention into developing compliant labeling for your CBD product. Be sure not to include any text about its impact on illness, even if there are many academic papers proving that it is so, because academic research does not matter when it comes to label content. If you make health claims and they are counter to FDA policy, you can be fined or imprisoned.
You MAY – but not on a label
Say something like, “I am not a doctor, but this is what it does for me.”
You may talk about what the limited research has shown, what you have personally experienced, or what your customers say about the specific product. These statements may NOT go on a label, but you might place such information on your website or signage, or discuss them, in person, with a customer. If you are providing information purely in an educational setting – meaning there is no association whatsoever with a product, product line, or brand, and does not in any way involve giving anyone health advice – then you are more free to discuss the therapeutic and historical uses of herbs, including specific herbs. Historic usage, as well as what limited research has shown to be true, is protected speech under the First Amendment. It’s not a constitutional right, but is a right granted by “God” to “Humans,” and, therefore, “protected by the Constitution.”
Keep geography in mind
Always check local and state laws, because we are not attorneys and don’t live in your area.
Federally, however, as long as the cannabis in question is grown on U.S. soil and registered as U.S. Industrial Hemp (which means it contains less than 0.3% THC), then it is legal federally and “theoretically” state-legal in all 50 states. At least federally, the TSA has stated you may travel unencumbered within the 50 states and all U.S. territories. The USPS has also stated shipping is now allowed and legal to all 50 states and territories.
Question for Us All
Have you met with official resistance or had trouble with your compliant products and selling methods?
We’ll be back next Saturday with another tip. Please share this article.