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Dear Mr. and Ms. Raley:                                                                                          

This is to advise you that the U.S. Food and Drug Administration (FDA) reviewed your website at www.privateirxcbd.com in September and October 2019 and has determined that you take orders there for “CBD Hemp Oil Herbal Drops” (500 mg, 1000 mg, and 1500 mg), “CBD Hemp Oil Herbal Drops 99% Pure Isolate” (500 mg),[1] “CBD Cookie” (Brownie, Vanilla Cranberry, and Snickerdoodle), “CBD Gummies” (20 mg and 50 mg), “CBD Weight Loss Oral Spray” (52 mg), “CBD Better Sleep Oral Spray” (52 mg), “Skin Care Facial Cleanser” (4 oz.),  “Skin Care Facial Cream” (2 oz. and 4 oz.), “Skin Care Facial Serum” (2 oz.), “Skin Care Neck and Decollete Cream,” and “CBD Intensive Relief Rub” (50 mg), all of which you promote as products containing cannabidiol (CBD).  We have also reviewed your firm’s social media websites at www.instagram.com/privateirx and www.instagram.com/lavetriceraley, which direct consumers to your website www.privateirxcbd.com to purchase your products, and your product labels.  The claims on your website and social media websites establish that your “CBD Hemp Oil Herbal Drops,” “CBD Hemp Oil Herbal Drops 99% Pure Isolate,”  “CBD Cookie,” “CBD Gummies,” “CBD Weight Loss Oral Spray,” “CBD Better Sleep Oral Spray,” “Skin Care Facial Cleanser,” “Skin Care Facial Cream,” “Skin Care Facial Serum,” “Skin Care Neck and Decollete Cream,” and “CBD Intensive Relief Rub” products are unapproved new drugs sold in violation of sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act), 21 U.S.C. 355(a) and 331(d).  Furthermore, these products are misbranded drugs under section 502(f)(1) of the FD&C Act, 21 U.S.C. 352(f)(1). FDA has also determined that your “Natural Flavor Pet Drops” and “CBD Pet Treats” products are unapproved new animal drugs that are unsafe under section 512(a) of the FD&C Act, 21 U.S.C. 360b(a), and adulterated under section 501(a)(5) of the FD&C Act, 21 U.S.C. 351(a)(5).  FDA has also determined that your “CBD Cookie” product is adulterated under section 402(a)(2)(C)(i) of the FD&C Act, 21 U.S.C. 342(a)(2)(C)(i), because it bears or contains an unsafe food additive.  Furthermore, it is a prohibited act to introduce your “CBD Cookie” product into interstate commerce under section 301(ll) of the FD&C Act, 21 U.S.C. 331(ll). 

As explained further below, introducing or delivering these products for introduction into interstate commerce violates the Act. You can find the FD&C Act and FDA regulations through links on FDA’s home page at www.fda.gov. You can find specific information about how FDA regulates CBD at https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd.

Dietary Supplement Labeling

Information on your product labels and on your website at www.privateirxcbd.com  indicates that you intend to market your “CBD Gummies,” “CBD Hemp Oil Herbal Drops,” “CBD Hemp Oil Herbal Drops 99% Pure Isolate,” and “CBD Weight Loss Oral Spray” products as dietary supplements.  However, your products cannot be dietary supplements because they do not meet the definition of a dietary supplement under section 201(ff) of the FD&C Act, 21 U.S.C. 321(ff). FDA has concluded, based on available evidence, that CBD products are excluded from the dietary supplement definition under sections 201(ff)(3)(B)(i) and (ii) of the FD&C Act, 21 U.S.C. 321(ff)(3)(B)(i) and (ii). Under those provisions, if an article (such as CBD) is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act, 21 U.S.C. 355, or has been authorized for investigation as a new drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public, then products containing that substance are outside the definition of a dietary supplement.^[2] There is an exception if the substance was “marketed as” a dietary supplement or as a conventional food before the new drug investigations were authorized; however, based on available evidence, FDA has concluded that this is not the case for CBD. FDA is not aware of any evidence that would call into question its current conclusion that CBD products are excluded from the dietary supplement definition under sections 201(ff)(3)(B)(i) and (ii) of the FD&C Act, 21 U.S.C. 321(ff)(3)(B)(i) and (ii), but you may present FDA with any evidence bearing on this issue.[3]    

Unapproved New Drugs

Based on our review of your website, your “CBD Hemp Oil Herbal Drops,” “CBD Hemp Oil Herbal Drops 99% Pure Isolate,”  “CBD Cookie,” “CBD Gummies,” “CBD Weight Loss Oral Spray,” “CBD Better Sleep Oral Spray,” “Skin Care Facial Cleanser,” “Skin Care Facial Cream,” “Skin Care Facial Serum,” “Skin Care Neck and Decollete Cream,” and “CBD Intensive Relief Rub” products are drugs under section 201(g)(1) of the FD&C Act, 21 U.S.C. 321(g)(1), because they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and/or intended to affect the structure or any function of the body. 

Examples of claims observed on your website www.privateirxcbd.com that establish the intended uses of these products as drugs include, but are not limited to, the following:

 On your website www.privateirxcbd.com: webpage titled “Resources”: 

• “What are the medical benefits of CBD? 
• • Reduce anxiety.
  • Reduce inflammation and relieve pain.
  • Control nausea and vomiting caused by chemotherapy.
  • Kill cancer cells and slow tumor growth.
  • Relax tight muscles in people with multiple sclerosis.
  • Stimulate appetite and improve weight gain in people with cancer and AIDS.”
     

Additional claims observed on your social media site http://www.instagram/lavetriceraley include, but are not limited to, the following: 

• August 28, 2019 posting with an infographic which shows:
  • “How CBD Works for Autism Spectrum Disorders
    • ADHD
    • Anxiety
    • Tourette’s
    • OCD
    • Depression
    • ADD …”

 

• July 30, 2019 posting with an infographic which shows:
   
  • “CBD Saves
    • Inflammation
    • Anxiety
    • Acne
    • Epilepsy
    • Schizophrenia
    • Cancer
    • Diabetes
    • Alzheimer’s”

 

• July 24, 2019 posting with an infographic which shows:
   
  • “How does CBD improve my Mental Health? Studies show that CBD can help improve many mental health conditions such as:
    • Alzheimer’s
    • Anorexia
    • Anxiety
    • Autism
    • Depression
    • OCD
    • Schizophrenia”
       
• July 24, 2019 posting with an infographic which shows:
   
  • “Cannabinoids heal
    • Arthritis
    • Alzheimers [sic]
    • Autism
    • Cancer
    • Diabetes
    • Glaucoma
    • Epilepsy
    • AIDS”

Your “CBD Hemp Oil Herbal Drops,” “CBD Hemp Oil Herbal Drops 99% Pure Isolate,” “CBD Cookie,” “CBD Gummies,” “CBD Weight Loss Oral Spray,” “CBD Better Sleep Oral Spray,” “Skin Care Facial Cleanser,” “Skin Care Facial Cream,” “Skin Care Facial Serum,” “Skin Care Neck and Decollete Cream,” and “CBD Intensive Relief Rub” products are not generally recognized as safe and effective for the above referenced uses and, therefore, these products are “new drugs” under section 201(p) of the FD&C Act, 21 U.S.C. 321(p). New drugs may not be legally introduced or delivered for introduction into interstate commerce without prior approval from the FDA, as described in sections 301(d) and 505(a) of the FD&C Act, 21 U.S.C. 331(d) and 355(a). FDA approves a new drug on the basis of scientific data and information demonstrating that the drug is safe and effective.  There are no FDA-approved applications in effect for any of the above-mentioned products. 

Misbranded Drugs

Your “CBD Hemp Oil Herbal Drops,” “CBD Hemp Oil Herbal Drops 99% Pure Isolate,”  “CBD Cookie,” “CBD Gummies,” “CBD Weight Loss Oral Spray,” “CBD Better Sleep Oral Spray,” “Skin Care Facial Cleanser,” “Skin Care Facial Cream,” “Skin Care Facial Serum,” “Skin Care Neck and Decollete Cream,” and “CBD Intensive Relief Rub” products are also misbranded within the meaning of section 502(f)(1) of the FD&C Act, 21 U.S.C. 352(f)(1), in that their labeling fails to bear adequate directions for use. “Adequate directions for use” means directions under which a layperson can use a drug safely and for the purposes for which it is intended. (See 21 CFR 201.5.)  The aforementioned products are offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners; therefore, adequate directions for use cannot be written so that a layperson can use these drugs safely for their intended purposes. FDA-approved prescription drugs that bear their FDA-approved labeling are exempt from the requirements that they bear adequate directions for use by a layperson.  However, your products are not exempt from the requirement that their labeling bear adequate directions for use, 21 CFR 201.100(c)(2) and 201.115, because no FDA-approved applications are in effect for them. The introduction or delivery for introduction into interstate commerce of these misbranded drugs violates section 301(a) of the FD&C Act, 21 U.S.C. 331(a).

Prohibited Act Under 301(ll) and Adulterated Human Foods

We note that your “CBD Cookie” product is promoted as a conventional human food. However, it is a prohibited act under section 301(ll) of the FD&C Act, 21 U.S.C. 331(ll), to introduce or deliver for introduction into interstate commerce any food to which has been added a drug approved under section 505 of the FD&C Act or for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.  Based on available evidence, FDA has concluded that the prohibition in section 301(ll) applies to CBD. There is an exception if the substance was marketed in food before the drug was approved or before any substantial clinical investigations involving the drug had been instituted.  However, based on the available evidence discussed above, FDA has concluded that this is not the case for CBD. FDA is not aware of any evidence that would call into question its current conclusion that section 301(ll) of the FD&C Act prohibits the introduction into interstate commerce of any food to which CBD has been added, but you may present FDA with any evidence bearing on this issue.  

According to your product labeling, your “CBD Cookie” product is a food to which CBD has been added.  Therefore, the introduction or delivery for introduction into interstate commerce of this product is a prohibited act under section 301(ll) of the FD&C Act.

You should also be aware that, as defined in section 201(s) of the FD&C Act (21 U.S.C. 321(s)), the term "food additive" refers to any substance the intended use of which results in its becoming a component of any food, unless the substance is generally recognized as safe (GRAS) among qualified experts under the conditions of its intended use, or unless the substance meets a listed exception.^[4]   

Food additives require premarket approval based on data demonstrating safety. Any food additive that has not been approved for its intended use in food is deemed to be unsafe under section 409(a) of the FD&C Act (21 U.S.C. 348(a)) and causes the food to be adulterated under section 402(a)(2)(C)(i) of the FD&C Act, 21 U.S.C. 342(a)(2)(C)(i). Introduction of an adulterated food into interstate commerce is prohibited under section 301(a) of the FD&C Act, 21 U.S.C. 331(a).

There is no food additive regulation which authorizes the use of CBD. We are not aware of any information to indicate that CBD is the subject of a prior sanction (see 21 CFR Part 181). Furthermore, we are not aware of any basis to conclude that CBD is GRAS for use in conventional foods.   FDA's regulations in 21 CFR 170.30(a)-(c) describe the criteria for eligibility for classification of a food ingredient as GRAS. The use of a food substance may be GRAS based on either scientific procedures or, for a substance used in food before 1958, through experience based on common use in food (see 21 CFR 170.30).

We know of no basis for general recognition of safety for CBD based either on scientific procedures or common use in food prior to January 1, 1958. Based on our review of published, scientific literature, existing data and information do not provide an adequate basis to conclude that the use of CBD in food meets the criteria for GRAS status. Many unanswered questions and data gaps about CBD toxicity exist, and some of the available data raise serious concerns about potential harm from CBD. Our review of publicly available data associated with the one FDA-approved CBD drug, as well as our review of published scientific literature, identified potential for liver injury from CBD and potentially harmful interactions with certain drugs. In addition, studies in animals have shown that CBD can interfere with the development and function of testes and sperm, decrease testosterone levels, and impair sexual behavior in males. Therefore, based on our review, the use of CBD in your product does not satisfy the criteria for GRAS status under 21 CFR 170.30.

FDA is not aware of any other exception to the food additive definition that would apply to CBD for use as an ingredient in a conventional food. Therefore, CBD added to a conventional food is a food additive under section 201(s) of the FD&C Act and is subject to the provisions of section 409 of the FD&C Act.  Under section 409, a food additive is deemed unsafe unless it is approved by FDA for its intended use prior to marketing. CBD is not approved for use in any conventional food.  Food containing an unsafe food additive within the meaning of section 409 is adulterated within the meaning of section 402(a)(2)(C)(i) of the FD&C Act.  Therefore, your “CBD Cookie” product is adulterated within the meaning of section 402(a)(2)(C)(i) of the FD&C Act.  Introduction of this adulterated food into interstate commerce is prohibited under section 301(a) of the FD&C Act, 21 U.S.C. 331(a).

Unapproved New Animal Drugs

During our review of your firm’s website www.privateirxcbd.com, FDA determined that your firm is marketing the unapproved new animal drugs “Natural Flavor Pet Drops” and “CBD Pet Treats”.  Based on our review of your website, your products are drugs under section 201(g)(1) of the FD&C Act, 21 U.S.C. 321(g)(1), because they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals and/or intended to affect the structure or any function of the body of an animal. Further, as discussed below, these products are unapproved new animal drugs and marketing them violates the FD&C Act.

Examples of claims observed on your firm’s website www.privateirxcbd.com that show the intended uses of these products include, but are not limited to, the following:

On the webpage titled “Our Products” under the heading “Edibles/Pet Care” a photograph of a poster that states: 

• “How CBD Can Help Your Pet
  • Prevents Arthritis…
  • Fights Cancer…
  • Better Appetite…”

 

Additional claims observed on your social media sites www.instagram/lavetriceraley and www.instagram.com/privateirx/ include, but are not limited to, the following:  

• September 11, 2019 postings with a photograph of a poster that states:
  • “How CBD Can Help Your Pet
    • Reduces Anxiety…
    • Reduces Seizures…
    • Prevents Arthritis…
    • Fights Cancer…
    • Better Appetite…”

These products are “new animal drugs” under section 201(v) of the FD&C Act, 21 U.S.C. 321(v), because they are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of animal drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling. To be legally marketed, a new animal drug must have an approved new animal drug application, conditionally approved new animal drug application, or index listing under sections 512, 571, and 572 of the FD&C Act, 21 U.S.C. 360b, 360ccc, and 360ccc-l. These products are not approved or index listed by the FDA, and therefore these products are considered unsafe under section 512(a) of the FD&C Act, 21 U.S.C. 360b(a), and adulterated under section 501(a)(5) of the FD&C Act, 21 U.S.C. 351(a)(5). Introduction of these adulterated drugs into interstate commerce is prohibited under section 301(a) of the FD&C Act, 21 U.S.C. 331(a).
 
301(ll) and Adulterated Animal Foods
 
Moreover, to the extent that you market any of your products containing CBD as animal food, you should be aware that it is a prohibited act under section 301(ll) of the FD&C Act, 21 U.S.C. 331(ll), to introduce or deliver for introduction into interstate commerce any animal food to which has been added a drug approved under section 505 of the FD&C Act or for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.  Based on available evidence, FDA has concluded that the prohibition in section 301(ll) applies to CBD, as described above.

You should also be aware that, as defined in section 201(s) of the FD&C Act (21 U.S.C. 321(s)), the term “food additive” refers to any substance the intended use of which results in its becoming a component of any animal food, unless the substance is generally recognized as safe (GRAS) among qualified experts under the conditions of its intended use, or unless the substance meets a listed exception.[5] 

There is no animal food additive regulation that authorizes the use of CBD. We are not aware of any information to indicate that CBD is the subject of a prior sanction (i.e., a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958 under the FD&C Act, the Poultry Products Inspection Act, or the Meat Inspection Act). Furthermore, we are not aware of any basis to conclude that CBD is GRAS for use in animal foods.  FDA’s regulations in 21 CFR 570.30(a)-(c) describe the criteria for eligibility for classification of an animal food ingredient as GRAS. The use of an animal food substance may be GRAS based on either scientific procedures or, for a substance used in animal food before 1958, through experience based on common use in animal food (see 21 CFR 570.30). We know of no basis for general recognition of safety for CBD based either on scientific procedures or common use in animal food prior to January 1, 1958. Based on our review of the publicly available literature, the data and information necessary to support the safe use of CBD in animal foods are lacking. In fact, literature reports have raised safety concerns for animals consuming CBD, including, but not limited to, male reproductive toxicity and liver toxicity. Therefore, based on our review, the use of CBD in animal products does not satisfy the criteria for GRAS status under 21 CFR 570.30.

Under section 409 of the FD&C Act, an animal food additive is deemed unsafe unless it is approved by FDA for its intended use prior to marketing. CBD is not approved for use in any animal food. Animal food containing an unsafe food additive within the meaning of section 409 is adulterated within the meaning of section 402(a)(2)(C)(i) of the FD&C Act.  Introduction of an adulterated animal food into interstate commerce is prohibited under section 301(a) of the FD&C Act, 21 U.S.C. 331(a).

The violations cited in this letter are not intended to be an all-inclusive statement of violations that exist in connection with your marketed products. You are responsible for investigating and determining the causes of the violations identified above and for preventing their recurrence or the occurrence of other violations. It is your responsibility to ensure that your firm complies with all requirements of federal law, including FDA regulations.

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. 

Please notify FDA in writing, within fifteen working days of receipt of this letter, of 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. If you believe that your products are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. If you cannot complete corrective action within fifteen working days, state the reason for the delay and the time within which you will complete the correction. 

Your response should be sent to U.S. Food and Drug Administration, Shawn Goldman, United States Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5001 Campus Drive, Office of Compliance (HFS-608), Division of Enforcement, College Park, Maryland 20740-3835 or by email to [email protected].

Sincerely,

 

Donald D. Ashley

/S/

Director                                                       

Office of Compliance

Center for Drug Evaluation and Research

Food and Drug Administration

 

William A. Correll Jr.

/S/

Director                                       

Office of Compliance

Center for Food Safety and Applied Nutrition

Food and Drug Administration

 

Eric Nelson

/S/

Director of Compliance                                                   

Office of Surveillance and Compliance

Center for Veterinary Medicine

Food and Drug Administration

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[1] On your website, your “CBD Hemp Oil Herbal Drops” products are also referred to as “Full Spectrum Oil” and “CBD Full Spectrum Drops,” and your “CBD Hemp Oil Herbal Drops 99% Pure Isolate” products are also referred to as “Isolate Oil” and “CBD Isolate Drops”.