*Disclaimer all information is correct as of DEC 2023

Medical Claim Compliance

When it comes to selling CBD products, there are many rules around what can and cannot be said along with what types of information you can use to advertise your goods.

The following information is to be used as a guideline for MHRA and FDA compliance with regards to medical claims.

1. 1. You cannot make any explicit medical claims about your product
   2. You are not permitted to offer advice nor offer a product to treat any condition
   3. You are not to have links to organisations that promote “cancer cures” or any other medicinally biassed sites
   4. You are not to publish articles that may imply your products can or have traditionally been used to treat illness

• You must not suggest they talk to a medical professional

1. You must not use imagery or product names that may imply your products are medicines.
2. You must not make comparisons with licenced medicines
3. You must not use product names which imply the product is a medicine
4. You must not make references to medical and/or clinical research and testing
5. You must not make references to the health risks of not taking using your product
6. You must not publish editorial medicinal claims
7. You must not publish recommendations by Doctors/Health professionals.
8. You must not publish testimonials that include/imply medical claims
9. You must not use graphics that imply medicinal
10. You must not reference or reproduce generic information.
11. You must not reference any medical conditions, conditions of the mind, treatments and symptoms.

This applies to ALL published materials:

• Product and packaging
• Website
• Social media
• Communications with customers
• Advertising

The following list of words and phrases can be classed as problematic:

• Burns Fat
• Calm / Calms / Calming
• Clears
• Clinical Trials Evidence
• Clinically Proven
• Combats
• Controls
• Counteracts
• Cure / Cures
• Eliminates
• Fights
• Heals
• Increases metabolic rate
• Stimulates 
• Stops
• Stops craving for
• Treat / Treats / Treating / Treatment (in the context of the product)

Cosmetic claims
Cosmetic claims should emphasise the cosmetic use of the product i.e. cleansing, moisturising, perfumery, keeping the skin in good condition. Article 20(1) of Regulation (EC) 1223/2009 on cosmetic products refers to product claims and states “In the labelling, making available on the market and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have.” 

To protect /prevent eczema, dermatitis and psoriasis. These are all adverse medical conditions which can be exhibited by dry, inflamed, scaly and itchy skin and products will fall to be either medicinal products or medical devices depending on their mode of action. MHRA has also agreed with the CTPA that consumers with an existing adverse skin condition may wish to know if a cosmetic product is appropriate for them to use. Where this can be substantiated, the following wording can be used.  “Also suitable for people who may be prone to eczema / psoriasis / dermatitis / rosacea / acne / spots” This wording should be present for advisory purposes and should not be used in a manner which could imply, either explicitly or implicitly.