The U.S. Food and Drug Administration and the Federal Trade Commission recently sent out a warning letter to Neuro XFP, telling the company to stop promoting its CBD products as being able to prevent or cure the coronavirus.
The agencies called out Neuro XFP -- founded by former NFL player Kyle Turley -- for making misleading claims on its website and social media platforms, such as:
- "We want everyone to take CBD and take advantage of its potential to help prepare your body to fight a coronavirus infection"; and
- "Crush Corona! Your best defense against the COVID-19 blitz starts with a strong immune system. It's what protects your body from the everyday attacks of bacteria, viruses, parasites and a host of other nasties."
The agencies told Neuro XFP to immediately cease making these and other false claims and to report back to both to the FDA and the FTC within forty-eight hours.
Federal and state agencies are engaging in aggressive enforcement efforts to protect consumers from coronavirus-related fraud. A critically important point that this warning letter raises is that, even if a marketer can properly make certain claims (such as, for example, helping to boost one's immune system), that doesn't mean that the marketer can connect the dots to the coronavirus -- unless it has competent and reliable scientific evidence that supports the claim.
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
