Notably, the FDA in no way issued a ban of any description on the sale of CBD oils. Rather, the agency stepped in to warn several manufacturers that their products could not be marketed or labeled as “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease” without further FDA oversight. And as it happens, section 201(g)(1)(B) of the FDC Act pertains to the labeling of products under its governance:
You should take prompt action to correct the violations cited in this letter. Failure to promptly correct these violations may result in legal action without further notice, including, without limitation, seizure and injunction.
The original article contained several links that readers might have presumed corroborated its claims. The first relevant link was to a 19 February 2016 article which in no way indicated that the FDA had banned CBDs; it simply reported on warning letters sent by the FDA to CBD oil manufacturers with respect to “impermissible” label claims:
MAJOR CORRECTIONS: I’m issuing a huge correction / clarification to this story after speaking with people in the hemp industry. They’ve pointed out that my article, although posted with the best intentions to help keep CBDs legal and readily available, was freaking out CBD retailers who thought some sort of new law had been passed outlawing CBDs. In no way did I intend to disrupt CBD retailers with that article! My only goal was to sound the alarm of how to FDA is attempting to destroy this entire industry, and help create a backlash that would keep natural medicine legal in America. So I’ve decided to post a serious correction / clarification to this story to make sure nobody misreads what I’m asserting here, and I apologize for any misconstruing of my intention in posting this … Essentially, my use of the term “outlawed” in the title of my original article was misconstrued. By “outlawed,” I meant the FDA essentially writes its own “regulatory laws” and has posted a clear statement on its own website which states that CBDs cannot be sold as a dietary supplement. This is a regulatory attack on hemp extracts, but it is not technically a law that was passed by Congress. I regret my choice of the word “outlawed”, and I will be more careful in my choice of words when covering this issue in the future. In the article below, I have replaced any reference to “outlawing” with the more accurate terminology of “regulating out of compliance” or similar language.
Although the article was later substantially edited, its original version was republished verbatim to alternative news blog The Event Chronicle on 21 March 2016. The original article, which was credited to Natural News‘ “Health Ranger” Mike Adams, stated:
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