I am not a lawyer so I cannot answer that. Generally speaking I would avoid anything that in any way shape or form could be construed as beneficial to treating a known medical condition. “Sedative” is a common medical term and a class of drugs at that so I personally would avoid that. “Provides a calming effect” is a bit more vague so I would get advice from a lawyer who specializes in hemp businesses.
Personally if I were selling cannabinoids at a retail level I would offer no indication whatsoever of what they do at risk of it being interpreted as a health claim. If your customers found you they probably already know what a cannabinoid does. If they don’t, they’re probably going to Google it regardless of what you imply in the product description. Most online purchases take place over multiple days so don’t assume you need to be a one-stop-shop of information (that could get you in trouble) and a supplier.
Let them do their own independent research and come to a conclusion on what to purchase. If you carry CBN for example, they might not know what it is but you can bet they will open another tab and Google it and quickly come across a blog saying it makes people sleepy (because that’s what the internet decided it does). People are going to do a second search anyway before they purchase. As long as your price is competitive, they will go back to your website and buy it. Don’t assume it’s an impulse buy and you need some type of informative elevator pitch to sell them on it as that only puts you at risk of FDA violations. I would just focus on having safety data/COA’s/compliant disclaimers and good prices. They don’t need you to hint at health claims to figure it out.
I just wouldn’t put sleep, relax, or anything of that nature, on a cannabinoid product.
It’s not all that hard to get your point across…CBNight…CBGo…Daytime use…night time use.
I think its for sure pushing the envelope a little but we arent explicitly claiming that cbd is what relieves the pain so we were told it should be okay.
There are a lot of other companies selling non cbd pain cream that claim pain relief due to some of the ingredients in their cream and we use some of those same ingredients in our cream.
I mean to me the whole situation seems to be pretty straightforward:
Have you performed a regulated, GLP, clinical blinded or double blinded study to support the statement you want to make in relation to a specific ailment?
If the answer is yes, and you have actual data and a study to back it up, then you can say it. If the answer is no, and your only evidence of a statement being true is anecdotal, then you can’t say it.
If people are being fined for making claims based on anecdotal evidence and experiences and not through a properly performed clinical study then I don’t see anything wrong with said fine. Keep them coming.
I was thinking something along the lines of it makes it hard to keep your eyes open… I mean that really is a side effect of d8 and cbn if you consume too much. It literally makes my eyes feel like they are burning if you keep them open. It seriously is a side effect of the product i am selling so it is a bit frustrating and would like to communicate this with consumers. But like everyone is saying it is very risky as we dont know exactly what the FDA wants us to do.
