CBD Oil (Cannabidiol)

CBD oil contains cannabidiol, one of many compounds in the cannabis plant. Unlike THC, CBD does not produce a high. It is sold in tinctures, gummies, capsules, lotions, and drinks, often with claims about sleep, pain, or anxiety.

The legal status is confusing. Hemp-derived CBD became more widely available after the 2018 Farm Bill, but that did not make every CBD product legal to sell with any claim. The only CBD product the FDA has approved is Epidiolex, a prescription drug approved in June 2018 for seizures tied to two rare forms of epilepsy. The FDA has taken the position that CBD cannot be marketed as a dietary supplement or added to food under current law, and in January 2023 it said existing frameworks for foods and supplements are not appropriate for CBD. It has sent warning letters to companies making unproven health claims.

That regulatory gap has fed consumer class actions. Common allegations are that products contained far less CBD than the label stated, contained THC despite "THC-free" claims (which has caused failed drug tests), or made illegal health claims. Because the FDA does not review these products before sale, independent lab testing is often the key evidence.

If a CBD product did not match its label, keep the packaging, lot number, and receipt, and note any drug test results. Our pages on supplement mislabeling lawsuits and dietary supplements explain how these claims are built.