Editor's Note
FDA and FTC issued two warning letters jointly and FDA issued another four warning letters to companies for allegedly using COVID-19 related claims to sell serology tests for at-home testing, Methylene Blue, and various cannabidiol (CBD) products. A warning letter from FDA and FTC to Project 1600 Inc. alleges the company sells various CBD products to mitigate, prevent, treat, diagnose, or cure COVID-19 in people. A second warning letter from FDA and FTC to North Isle Wellness Center alleges the company made similar claims in attempt to sell their Methylene Blue products. FDA also issued warning letters to KMBO Diagnostics, LLC, Medakit Ltd, antibodiescheck.com, and Sunrisa Family Dental dba mycovidtest19.com alleging that they offer at home COVID-19 serology testing. AHPA has posted an  analysis of recent FDA and FTC warning letters sent to companies and individuals for using COVID-19 claims to market a wide variety of products.
This is to advise you that the United States Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) reviewed your website at the Internet address https://dmlcbd.com on May 29, 2020, and June 15, 2020, respectively. The FDA has observed that your website offers various cannabidiol (CBD) products for sale in the United States and that these products are intended to mitigate, prevent, treat, diagnose, or cure COVID-19 in people. Based on our review, these products are unapproved new drugs sold in violation of section 505(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. § 355(a). Furthermore, these products are misbranded drugs under section 502 of the FD&C Act, 21 U.S.C. § 352. The introduction or delivery for introduction of these products into interstate commerce is prohibited under sections 301(a) and (d) of the FD&C Act, 21 U.S.C. § 331(a) and (d).

There is currently a global outbreak of respiratory disease caused by a novel coronavirus that has been named “severe acute respiratory syndrome coronavirus 2” (SARS-CoV-2). The disease caused by the virus has been named “Coronavirus Disease 2019” (COVID-19). On January 31, 2020, the Department of Health and Human Services (HHS) issued a declaration of a public health emergency related to COVID-19 and mobilized the Operating Divisions of HHS. In addition, on March 13, 2020, the President declared a national emergency in response to COVID-19. Therefore, FDA is taking urgent measures to protect consumers from certain products that, without approval or authorization by FDA, claim to mitigate, prevent, treat, diagnose, or cure COVID-19 in people. As described below, you sell products that are intended to mitigate, prevent, treat, diagnose, or cure COVID-19 in people. We request that you take immediate action to cease the sale of such unapproved and unauthorized products for the mitigation, prevention, treatment, diagnosis, or cure of COVID-19.

Some examples of the claims on your website, https://dmlcbd.com, that establish the intended use of your products and misleadingly represent them as safe and/or effective for the treatment or prevention of COVID-19 include:

  • “NEW! DML POWER PACK, 3000mg CBD TINCTURE. . . . DML’s newest product is a CBD tincture that is a major game changer for people who want to feel great again and build the immune system. It’s called DML POWER CBD. It is powerful, effective, and tested safe. It provides a full spectrum tincture that offers the perfect mix of CBD and THC. . . . ALERT: There is no cure or treatment for COVID19. Many doctors say the best thing you can do is boost your immune system. DML CBD POWER is an amazing product designed to help boost the immune system.”

  • “DML CBD: Immune Boost Pack . . . ALERT: There is no cure or treatment for COVID19. With this in mind, many doctors claim the best defense is to boost the body’s immune system. DML CBD aims to help our customers in an attempt to boost the immune system. . . . WHY TO BUY THE BOOST PACK: Studies suggest that CBD can help fight off inflammation, boost the immune system, and help battle against certain harmful bacteria. Some research suggests it can help suppress the cytokine storm inside the body that can cause great illness and sometimes death. . . . NOTE: The cytokine storm is often triggered in patients with COVID19. Please note there is no proven cure or treatment for COVID19 . . . There has never been a more important time than [sic] to boost your immune system. To help our customers get a full CBD experience that aims to boost your immune system, we offer the ‘DML CBD Immune Boost’ package . . ..”

You should take immediate action to correct the violations cited in this letter. This letter is not meant to be an all-inclusive list of violations that exist in connection with your products or operations. It is your responsibility to ensure that the products you sell are in compliance with the FD&C Act and FDA's implementing regulations. We advise you to review your websites, product labels, and other labeling and promotional materials to ensure that you are not misleadingly representing your products as safe and effective for a COVID-19-related use for which they have not been approved by FDA and that you do not make claims that misbrand the products in violation of the FD&C Act.  Within 48 hours, please send an email to  COVID-19-Task-Force-CDER@fda.hhs.gov   describing the specific steps you have taken to correct these violations. Include an explanation of each step being taken to prevent the recurrence of violations, as well as copies of related documentation.  Failure to immediately correct the violations cited in this letter may result in legal action, including, without limitation, seizure and injunction.

FDA is advising consumers not to purchase or use certain products that have not been approved, cleared, or authorized by FDA and that are being misleadingly represented as safe and/or effective for the treatment or prevention of COVID-19. Your firm will be added to a published list on FDA’s website of firms and websites that have received warning letters from FDA concerning the sale or distribution of COVID-19 related products in violation of the FD&C Act. This list can be found at  http://www.fda.gov/consumers/health-fraud-scams/fraudulent-coronavirus-disease-covid-19-products .  Once you have taken corrective actions to cease the sale of your unapproved and unauthorized products for the mitigation, prevention, treatment, diagnosis, or cure of COVID-19, and such actions have been confirmed by the FDA, the published list will be updated to indicate that your firm has taken appropriate corrective action.

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