As discussed in our prior blog, on July 22, 2019, the Food and Drug Administration (FDA) issued a Warning Letter to Curaleaf, Inc., in connection with its marketing of certain CBD products. The following day, Curaleaf issued a statement asserting that it was committed to compliance. On July 26, 2019, in advance of the 15-day deadline imposed by the FDA, Curaleaf issued a press release explaining that it had responded to the FDA, informing the agency that it had addressed the issues raised in the Warning Letter.
Curaleaf’s press release states that it reviewed its website and social media platforms and removed all non-compliant statements identified by the FDA and that some of the products the FDA addressed in its letter had been discontinued. The press release also includes a statement from Curaleaf’s CEO:
“We care deeply about our customers and making a difference in our industry. Curaleaf is committed to being an ethical and responsible company and working with the FDA to be a leader in our industry, setting the standards and guidelines to best service our customers and the communities we serve.”
Clearly, Curaleaf has been busy the past few days working to comply with the Warning Letter. We will see if Curaleaf’s quick response will put this matter to rest. Curaleaf’s stock price seemed to stabilize, but only time will tell whether the damage to its relationship with CVS, which publicly announced that it would discontinue sales of Curaleaf’s products in its retail stores after the FDA issued the Warning Letter, can be repaired. Meanwhile, all the other CBD companies out there should be wary of the Warning Letter and ensure that unsubstantiated health claims are not being promoted in conjunction with their products.
If you have any questions about this post or any other related matters, please feel free to contact our Cannabis Law Practice Group.