Are you tracking the CBD lawsuits that are redefining how hemp brands operate? If you sell or market CBD, the courtroom—and the agencies—are setting rules you can’t ignore. Below, we unpack the cases and enforcement actions that matter, a real-world story from the field, and a step-by-step checklist to tighten your compliance.

Why CBD Lawsuits Are Rising

Since the 2018 Farm Bill removed hemp from the Controlled Substances Act, sales have surged—but so have expectations for safety, labeling, and advertising. In this evolving space, gaps between federal and state rules create friction points that spark disputes.

Two big themes keep appearing: how products are marketed and whether claims are substantiated. That’s where many regulatory conflicts start, especially when health-related statements appear in ads, blogs, and social posts.

Landmark CBD Lawsuits and Enforcement Actions

Courts and agencies have been steadily clarifying guardrails. Here are representative matters every operator should know about.

Colette v. CV Sciences, Inc. (C.D. Cal. 2019–2022)

Consumers alleged mislabeling and unlawful sale of CBD as a dietary supplement. The court invoked the “primary jurisdiction” doctrine—essentially pausing the case until the FDA provides clearer rules. Similar outcomes appeared in other California and Florida cases.

  • Takeaway: When cases hinge on unsettled FDA policy, judges often stay them rather than decide merits immediately.
  • Risk point: Calling CBD a “dietary supplement” remains risky because FDA has not authorized CBD for that use.

McCarthy v. Charlotte’s Web Holdings, Inc. (N.D. Cal. 2019–2021)

Another labeling and marketing challenge that turned on federal-law questions. The court again leaned on primary jurisdiction and paused the matter pending FDA action.

  • Takeaway: Plaintiffs are active, but outcomes frequently depend on the federal regulatory backdrop.

FTC’s “Operation CBDeceit” (2020)

The Federal Trade Commission brought actions against several CBD sellers for advertising unsubstantiated health benefits (e.g., treating pain, anxiety, or diseases). Companies agreed to orders requiring proof for future claims and monetary relief in certain cases.

  • Takeaway: Health claims need competent and reliable scientific evidence—usually human clinical data.
  • Risk point: Blogs, emails, and influencer posts count as advertising if you control them.

FDA Warning Letters and Injunctions (2019–2024)

The FDA has repeatedly warned companies over disease claims (e.g., “treats arthritis,” “reduces anxiety,” “helps with cancer”), CBD in foods, and manufacturing lapses. Some matters escalated to consent decrees or product holds.

  • Takeaway: Warning letters frequently cite website copy, social captions, and even user testimonials.
  • Risk point: Adding CBD to conventional food is still a flashpoint under current FDA policy.

What CBD Lawsuits Mean for Brands in 2025

Expect more scrutiny of claims, potency labeling, and batch-level testing. Courts are signaling that while private suits may be stayed when FDA rules are unclear, advertising that overpromises or misleads will draw swift attention. Most legal disputes can be avoided with disciplined documentation and conservative marketing.

Real-World Experience: A Startup’s Close Call

In 2022, a small CBD gummies brand received a demand letter alleging misstated milligrams per serving and implied sleep claims. The founders had COAs but lacked batch traceability and consistent labeling across flavors.

With counsel, they conducted a rapid label audit, pulled two SKUs for retesting, and updated their site to remove implied disease language. They also implemented batch-specific QR codes linking to third-party COAs. The plaintiff withdrew after seeing the corrective steps and test results. The lesson: fast, transparent remediation—and data—can defuse early threats.

Step-by-Step Compliance Checklist to Reduce Risk

Use this practical process to tighten controls and prevent compliance challenges from becoming crises.

  1. Claims inventory: Collect every statement in ads, emails, blogs, product pages, packaging, and influencer posts. Flag health or disease claims.
  2. Substantiation file: For each claim, keep evidence (preferably human clinical data). If you lack it, remove or soften the claim.
  3. Label alignment: Ensure net quantity, serving size, ingredient list, allergen info, and CBD content per serving match lab results.
  4. COA workflow: Test every batch with ISO/IEC 17025–accredited labs. Link packaging QR codes to batch-specific COAs.
  5. Potency tolerance: Set internal tolerances (e.g., ±10%) and investigate variances. Document corrective actions.
  6. State rules check: Confirm registrations, labeling, and testing rules for each state you ship to.
  7. Website governance: Approve all content centrally; train staff and affiliates on “no disease claims.” Monitor social posts.
  8. Supply chain audits: Vet extractors and co-packers for GMPs, contaminant screening, and recall readiness.
  9. Insurance: Consider product liability and errors & omissions coverage tailored to hemp products.
  10. Recall plan: Maintain a written plan with lot tracking and notification templates. Rehearse annually.

Signals from the Courts—and What’s Next

Three trends stand out:

  • Primary jurisdiction stays continue where FDA rules are unsettled, especially around dietary supplement status.
  • Advertising cases move faster: agencies and plaintiffs target express and implied health claims.
  • Documentation wins: robust testing, traceability, and compliant copy are the best defense.

Until the FDA finalizes a pathway, expect a patchwork that rewards conservative marketing and meticulous QA.

FAQs

Are CBD products federally legal?

Hemp-derived CBD with ≤0.3% delta-9 THC is not a controlled substance federally, but FDA still restricts CBD in foods and dietary supplements. States add their own rules.

What types of CBD lawsuits are most common?

Labeling and advertising claims dominate, including potency variances, “all-natural” claims, and health or disease statements without adequate evidence.

How can brands avoid litigation over marketing?

Remove disease claims, substantiate all benefits, align labels with COAs, and train teams and affiliates on compliant messaging.

Does the 2018 Farm Bill prevent enforcement actions?

No. It decriminalized hemp but did not override FDA and FTC authority or state requirements on labeling, testing, and sales.

Can I call my CBD product a dietary supplement?

FDA has not authorized CBD as a dietary supplement ingredient. Positioning products that way risks warnings or suits. Consult knowledgeable counsel.

Conclusion

From label class actions to FTC crackdowns, the message of recent CBD lawsuits is clear: keep claims conservative, testing rigorous, and documentation tight. Build compliance into your daily operations—not just your packaging day.