CV Sciences, a San Diego-based CBD manufacturer, won’t face a labeling lawsuit until federal health authorities decide how to regulate over-the-counter CBD, a federal judge has ruled.
The decision makes California’s Virginia Phillips the second federal judge to delay a CBD class-action attempt because the U.S. Food and Drug Administration is reviewing whether CBD should be available without a prescription.
CV Sciences was sued last year by an Arizona woman who bought sublingual CBD treatments, then found out later they were not federally approved. She claims the drops were mislabeled and is seeking class-action status, making the case one in a series of such mislabeling lawsuits filed nationwide.
Like the plaintiffs in other cases, CV Sciences’ accuser pointed to FDA warning letters issued to CBD makers, stating that CBD is not a legal dietary supplement. But the judge pointed out that warning letters from the FDA are not a final position and that the agency is still reviewing how CBD should be sold and labeled.
“The fact remains that the FDA has not formally established its position,” Phillips wrote. She ordered both sides to check in every 90 days in case the FDA acts.
The FDA’s CBD review was promised last year, but has yet to appear. The delay has prompted targeted CBD companies to seek delays until the review is final.
Judges have differed on the requests. One federal judge in Florida to put a similar CBD lawsuit on hold in January. But another Florida judge reached a different conclusion in April, ruling that ongoing CBD review by the FDA shouldn’t mean that CBD makers can’t face labeling lawsuits.
CV Sciences trades on over-the-counter markets under the ticker symbol CVSI.