[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84335-84339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28543]


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FEDERAL TRADE COMMISSION

[File No. 202 3047]


EasyButter, LLC; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement; request for comment.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices. The attached Analysis to Aid Public Comment describes both 
the allegations in the complaint and the terms of the consent order--
embodied in the consent agreement--that would settle these allegations.

DATES: Comments must be received on or before January 27, 2021.

ADDRESSES: Interested parties may file comments online or on paper by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Please write ``EasyButter, 
LLC; File No. 202 3047'' on your comment, and file your comment online 
at https://www.regulations.gov by following the instructions on the 
web-based form. If you prefer to file your comment on paper, mail your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex D), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Gideon Sinasohn (404-656-1356), Bureau 
of Consumer Protection, Federal Trade Commission, 600 Pennsylvania 
Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade

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Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice 
is hereby given that the above-captioned consent agreement containing a 
consent order to cease and desist, having been filed with and accepted, 
subject to final approval, by the Commission, has been placed on the 
public record for a period of thirty (30) days. The following Analysis 
to Aid Public Comment describes the terms of the consent agreement and 
the allegations in the complaint. An electronic copy of the full text 
of the consent agreement package can be obtained from the FTC website 
at this web address: https://www.ftc.gov/news-events/commission-actions.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before January 27, 
2021. Write ``EasyButter, LLC; File No. 202 3047'' on your comment. 
Your comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the https://www.regulations.gov website.
    Because of the public health emergency in response to the COVID-19 
pandemic and the agency's heightened security screening, postal mail 
addressed to the Commission will be subject to delay. We strongly 
encourage you to submit your comments online through the https://www.regulations.gov website.
    If you prefer to file your comment on paper, write ``EasyButter, 
LLC; File No. 202 3047'' on your comment and on the envelope, and mail 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex D), 
Washington, DC 20580; or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 
20024. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    Because your comment will be placed on the publicly accessible 
website at https://www.regulations.gov, you are solely responsible for 
making sure your comment does not include any sensitive or confidential 
information. In particular, your comment should not include sensitive 
personal information, such as your or anyone else's Social Security 
number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. You are also 
solely responsible for making sure your comment does not include 
sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the https://www.regulations.gov website--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment 
from that website, unless you submit a confidentiality request that 
meets the requirements for such treatment under FTC Rule 4.9(c), and 
the General Counsel grants that request.
    Visit the FTC website at http://www.ftc.gov to read this Notice and 
the news release describing the proposed settlement. The FTC Act and 
other laws that the Commission administers permit the collection of 
public comments to consider and use in this proceeding, as appropriate. 
The Commission will consider all timely and responsive public comments 
that it receives on or before January 27, 2021. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order with EasyButter, LLC, (``EasyButter'') and Michael Solomon, 
individually and as an officer and owner of EasyButter, LLC. 
(``Respondents'').
    The proposed consent order (``order'') has been placed on the 
public record for 30 days so that interested persons may submit 
comments. Comments received during this period will become part of the 
public record. After 30 days, the Commission will again review the 
order and the comments received, and will decide whether it should 
withdraw the order or make it final.
    This matter involves the Respondents' advertising of products 
containing cannabidiol (``CBD Products). The complaint alleges that 
Respondents violated Sections 5(a) and 12 of the FTC Act by 
disseminating false and unsubstantiated advertisements claiming that: 
(1) Their CBD Products prevent diabetes and treat acne, AIDS, autism, 
bipolar disorder, cancer, depression, epilepsy, PTSD, seizures, and 
substance abuse; (2) tests or studies prove that their CBD products 
treat autism; and (3) doctors recommend CBD over prescription 
medications for depression and PTSD.
    The order includes injunctive relief that prohibits these alleged 
violations and fences in similar and related conduct. The product 
coverage would apply to any dietary supplement, drug, or food the 
Respondents sell, market, promote, or advertise, including CBD 
Products.
    Part I prohibits Respondents from making any representation about 
the efficacy of any covered product, including that such product will: 
(1) Alleviate or cure seizures; or (2) cure, mitigate, or treat any 
disease, including but not limited to acne, AIDS, autism, bipolar 
disorder, cancer, depression, diabetes, epilepsy, post-traumatic stress 
disorder, and substance abuse, unless the representation is non-
misleading, including that, at the time such representation is made, he 
possesses and relies upon competent and reliable scientific evidence 
that substantiates that the representation is true.
    For purposes of Part I, ``competent and reliable scientific 
evidence'' must consist of human clinical testing of the covered 
product or of an essentially equivalent product that is sufficient in 
quality and quantity, based on standards generally accepted by experts 
in the relevant disease, condition, or function to which the 
representation relates, when considered in light of the entire body of 
relevant and reliable scientific evidence, to substantiate that the 
representation is true. Such testing must be: (1) Randomized, double-
blind, and placebo-controlled; and (2) conducted by researchers 
qualified by training and experience to conduct such testing.
    Part II prohibits Respondents from making any representation, other 
than

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representations covered under Part I, about the health benefits, 
performance, efficacy, safety or side effects of any covered product, 
unless the representation is non-misleading, including that, at the 
time such representation is made, they possess and rely upon competent 
and reliable scientific evidence that is sufficient in quality and 
quantity based on standards generally accepted by experts in the 
relevant disease, condition, or function to which the representation 
relates, when considered in light of the entire body of relevant and 
reliable scientific evidence, to substantiate that the representation 
is true.
    For purposes of Part II, ``competent and reliable scientific 
evidence'' means tests, analyses, research, or studies that (1) have 
been conducted and evaluated in an objective manner by experts in the 
relevant disease, condition, or function to which the representation 
relates; (2) that are generally accepted by such experts to yield 
accurate and reliable results; and (3) that are randomized, double-
blind, and placebo-controlled human clinical testing of the covered 
product, or of an essentially equivalent product, when such experts 
would generally require such human clinical testing to substantiate 
that the representation is true.
    Part III requires that with regard to any human clinical test or 
study (``test'') upon which the Respondents rely to substantiate any 
claim covered by the order, the Respondents must secure and preserve 
all underlying or supporting data and documents generally accepted by 
experts in the field as relevant to an assessment of a test.
    Part IV prohibits Respondents from misrepresenting: (1) That any 
covered product is scientifically proven to treat autism; (2) that 
doctors recommend any covered product over prescription medications for 
depression, and PTSD; (3) that the performance or benefits of any 
product are scientifically or clinically proven; or (4) the existence, 
contents, validity, results, conclusions, or interpretations of any 
test, study, or other research; are scientifically or clinically 
proven.
    Part V provides Respondents a safe harbor for making claims 
approved by the Food and Drug Administration (``FDA''). Part VI 
requires Respondents to pay the Commission $36,254.37 within 8 days of 
the effective date of the order. Part VII requires Respondents to 
relinquish dominion and all legal and equitable right, title, and 
interest in all assets transferred pursuant to the order.
    Part VIII requires Respondents to send notices to consumers who 
purchased their CBD products informing them about the settlement. Part 
IX requires Respondents to submit an acknowledgement of receipt of the 
order, and for the individual Respondent to serve the order on certain 
individuals, including all officers or directors of any business the 
individual Respondent controls and employees having managerial 
responsibilities for conduct related to the subject matter of the 
order, and to obtain acknowledgements from each individual or entity to 
which a Respondent has delivered a copy of the order.
    Part X requires Respondents to file compliance reports with the 
Commission, and to notify the Commission of bankruptcy filings or 
changes in corporate structure that might affect compliance 
obligations. Part XI contains recordkeeping requirements for accounting 
records, personnel records, consumer correspondence, advertising and 
marketing materials, and claim substantiation, as well as all records 
necessary to demonstrate compliance or non-compliance with the order. 
Part XII contains other requirements related to the Commission's 
monitoring of the Respondents' order compliance. Part XIII provides the 
effective dates of the order, including that, with exceptions, the 
order will terminate in 20 years.
    The purpose of this analysis is to aid public comment on the order. 
It is not intended to constitute an official interpretation of the 
complaint or order, or to modify in any way the order's terms.

    By direction of the Commission.
April J. Tabor,
Acting Secretary.

Statement of Commissioner Rohit Chopra \1\
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    \1\ In the Matter of EasyButter, LLC et al., Comm'n File No. 
2023047; In the Matter of Reef Industries, Inc. et al., Comm'n File 
No. 2023064; In the Mater of Steves Distributing, LLC et al., Comm'n 
File No. 2023065; In the Matter of CBD Meds, Inc. et al., Comm'n 
File No. 2023080; In the Matter of Epichouse, LLC et al., Comm'n 
File No. 2023094; In the Matter of Bionatrol Health, LLC et al., 
Comm'n File No. 2023114.
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Summary

     When companies lie about the effectiveness of their 
treatments for serious conditions, this harms patients and diverts 
sales away from firms that tell the truth.
     Congress gave the FTC a new authority to crack down on 
abuses in the opioid treatment industry, but the agency has not 
prioritized this issue. This should change.
     The FTC can increase its effectiveness when it comes to 
health claims by shifting resources away from small businesses and by 
deploying the unused Penalty Offense Authority.
    Today, the Federal Trade Commission is taking action against 
several outfits regarding their outlandish--and unlawful--claims about 
cannabidiol (CBD). While CBD is currently the subject of considerable 
scientific research, there is no evidence yet that CBD can treat or 
cure cancer, Alzheimer's, or other serious diseases. Baseless claims 
give patients false hope, improperly increase or divert their medical 
spending, and undermine ``a competitor's ability to compete'' on honest 
attributes.\2\
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    \2\ In re Pfizer, Inc., 81 F.T.C. 23, 62 (1972).
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    I support these actions and congratulate those who made them a 
reality. Going forward, however, the FTC will need to refocus its 
efforts on health claims by targeting abuses in the substance use 
disorder treatment industry, shifting attention toward large 
businesses, and making more effective use of the FTC's Penalty Offense 
Authority.
    First, COVID-19 and the resulting economic and social distress are 
fueling new concerns about substance use disorders. In particular, 
there are signs that the pandemic is leading to greater dependence on 
opioids.\3\ It is critical that the FTC take steps to prevent 
exploitation of patients seeking treatment for substance use disorders.
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    \3\ See, e.g., Jon Kamp & Arian Campo-Flores, The Opioid Crisis, 
Already Serious, Has Intensified During Coronavirus Pandemic, Wall 
Street J. (Sept. 8, 2020), https://www.wsj.com/articles/the-opioid-crisis-already-serious-has-intensified-during-coronavirus-pandemic-11599557401; Issue brief: Reports of increases in opioid- and other 
drug-related overdose and other concerns during COVID pandemic, 
American Medical Association (last updated on Oct. 31, 2020), 
https://www.ama-assn.org/delivering-care/opioids/covid-19-may-be-worsening-opioid-crisis-states-can-take-action.
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    I am particularly concerned about abusive practices in the for-
profit opioid treatment industry, and believe this should be a high 
priority. This industry has grown exponentially by profiting off those 
suffering from addiction. Many of these outfits use lead generators to 
steer Americans into high-cost, subpar treatment centers, and some even 
hire intermediaries--so-called ``body brokers''--who collect kickbacks 
from this harmful practice.\4\
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    \4\ For example, recent reporting describes the ``Florida 
Shuffle,'' where treatment facilities pay brokers to recruit 
patients through 12-step meetings, conferences, hotlines, and online 
groups, leading to serious harm. See German Lopez, She wanted 
addiction treatment. She ended up in the relapse capital of America, 
Vox (Mar. 2, 2020), https://www.vox.com/policy-and-politics/2020/3/2/21156327/florida-shuffle-drug-rehab-addiction-treatment-bri-jayne. 
See also Letter from Commissioner Chopra to Congress on Deceptive 
Marketing Practices in the Opioid Addiction Treatment Industry (July 
28, 2018), https://www.ftc.gov/public-statements/2018/07/letter-commissioner-chopra-congress-deceptive-marketing-practices-opioid 
(calling on the FTC to do more to tackle this problem).

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    More than two years ago, Congress passed the SUPPORT for Patients 
and Communities Act. Among other provisions, the Act authorized the 
Commission to seek civil penalties, restitution, damages, and other 
relief against outfits that engage in misconduct related to substance 
use disorder treatment.\5\ The Commission is well positioned to help 
shut down these abuses, ensure they are not profitable, and hold 
predatory actors and their enablers to account.\6\
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    \5\ Public Law 115-271 Sec. Sec.  8021-8023 (codified in 15 
U.S.C. 45d). The Act also allows the Commission to prosecute 
deceptive marketing of opioid treatment products. Notably, a number 
of respondents in this sweep are alleged to have made claims that 
CBD could replace OxyContin.
    \6\ Given public reports regarding private equity rollups of 
smaller opioid treatment facilities, the Commission can also examine 
whether anticompetitive M&A strategies are leading to further 
patient harm. See Statement of Commissioner Rohit Chopra Regarding 
Private Equity Roll-ups and the Hart-Scott-Rodino Annual Report to 
Congress, Comm'n File No. P110014 (July 8, 2020), https://www.ftc.gov/public-statements/2020/07/statement-commissioner-rohit-chopra-regarding-private-equity-roll-ups-hart.
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    Unfortunately, the Commission has brought zero cases under this new 
authority. While I have supported actions like this one that challenge 
baseless CBD claims, as well as previous actions charging that pain 
relief devices and similar products were sold deceptively,\7\ I am 
concerned that we have largely ignored Congressional concerns about 
unlawful opioid treatment practices. I urge my fellow Commissioners to 
change course on our enforcement priorities, especially given our 
limited resources.
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    \7\ Press Release, Fed. Trade Comm'n, Marketers of Pain Relief 
Device Settle FTC False Advertising Complaint (Mar. 4, 2020), 
https://www.ftc.gov/news-events/press-releases/2020/03/marketers-pain-relief-device-settle-ftc-false-advertising.
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    Second, the FTC should focus more of its enforcement efforts on 
larger firms rather than small businesses. Today's actions focus on 
very small players, some of which are defunct. While I appreciate that 
small businesses can also harm honest competitors and families, they 
are often judgment-proof, making it unlikely victims will see any 
relief.\8\ I am confident that FTC staff can successfully challenge 
powerful, well-financed defendants that break the law.
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    \8\ In one of these matters, the respondents are paying nothing.
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    Finally, the Commission should reduce the prevalence of unlawful 
health claims by triggering civil penalties under the FTC's Penalty 
Offense Authority.\9\ Under the Penalty Offense Authority, firms that 
engage in conduct they know has been previously condemned by the 
Commission can face civil penalties, in addition to the relief that we 
typically seek.\10\ For example, the Commission routinely issues 
warning letters to businesses regarding unsubstantiated health claims. 
Future warning letters can be more effective if they include penalty 
offense notifications.
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    \9\ 15 U.S.C. 45(m)(1)(b).
    \10\ See Rohit Chopra & Samuel A.A. Levine, The Case for 
Resurrecting the FTC Act's Penalty Offense Authority (Oct. 29, 
2020), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3721256. 
Particularly given challenges to the FTC's 13(b) authority, 
incorporating a penalty offense strategy can safeguard the 
Commission's ability to seek strong remedies against lawbreakers.
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    The Commission has repeatedly found that objective claims require a 
reasonable basis,\11\ and apprising firms of these findings--along with 
a warning that noncompliance can result in penalties--makes it 
significantly more likely they will come into compliance voluntarily. 
In fact, when the Commission employed this strategy four decades ago, 
it reportedly resulted in a ``high level of voluntary compliance 
achieved quickly and at a low cost.'' \12\ Going forward, we should 
pursue this strategy.
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    \11\ This requirement was first established in the Commission's 
1972 Pfizer decision, and it has been affirmed repeatedly. Pfizer, 
Inc., supra note 2 (finding that ``[f]airness to the consumer, as 
well as fairness to competitors'' compels the conclusion that 
affirmative claims require a reasonable basis); In re Thompson 
Medical Co., 104 F.T.C. 648, 813 (1984) (collecting cases), aff'd, 
791 F.2d 189 (D.C. Cir. 1986). Appended to Thompson Medical was the 
Commission's Policy Statement Regarding Advertising Substantiation, 
which states that ``a firm's failure to possess and rely upon a 
reasonable basis for objective claims constitutes an unfair and 
deceptive act or practice in violation of Section 5 of the Federal 
Trade Commission Act.'' Id. at 839. This standard continues to 
govern the Commission's approach to substantiation, as recently 
reaffirmed in the Commission's final order against POM Wonderful. In 
re POM Wonderful LLC et al., 155 F.T.C. 1, 6 (2013).
    \12\ Commissioner Bailey made this observation in the context of 
opposing industry efforts to repeal this authority, an authority she 
described as an ``extremely effective and efficient way to enforce 
the law.'' Testimony of Commissioner Patricia P. Bailey Before the 
Subcomm. on Com., Tourism and Transp. of the Comm. on Energy and 
Com. of the H.R. Concerning the 1982 Reauthorization of the Fed. 
Trade Comm'n, at 11 (Apr. 1, 1982), https://www.ftc.gov/system/files/documents/public_statements/693551/19820401_bailey_testimony_before_the_subcorrmittee_on_commerce_subcommittee_on_commerce_touri.pdf.
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    I thank everyone who made today's actions possible, and look 
forward to future efforts that address emerging harms using the full 
range of our tools and authorities.\13\
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    \13\ My colleague, Commissioner Christine S. Wilson, has issued 
a statement in this matter. I agree that the Commission should not 
prioritize close-call substantiation cases, especially those 
involving small businesses.
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Concurring Statement of Commissioner Christine S. Wilson

    Today the Commission announces six settlements with marketers of 
cannabidiol (CBD) products resolving allegations that they made false, 
misleading, and/or unsubstantiated express disease claims for their 
products. I support these cases because accurate and complete 
information about products contributes to the efficient functioning of 
the market and facilitates informed consumer decision-making. In 
contrast, deceptive or false claims inhibit informed decision-making 
and may cause economic injury to consumers.
    The Commission's complaints in these matters allege that the 
marketers claimed their products could treat, prevent, or cure diseases 
or serious medical conditions, including cancer, heart disease, 
Alzheimer's, diabetes, and Parkinson's disease, and that scientific 
research or clinical studies supported these claims. In fact, according 
to the Commission's complaints, the proposed respondents did not 
conduct scientific research on the efficacy of their products to treat 
these diseases or conditions. In addition, the complaints allege that 
some of the proposed respondents claimed that their products could be 
taken in lieu of prescription medication. The Commission has been 
working with the FDA, and on its own, to combat false and 
unsubstantiated claims for CBD products, including through warning 
letters \1\ and a law enforcement action.\2\ Here, where consumers may 
have foregone proven measures to address serious diseases

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and the marketers have made virtually no effort to possess and rely on 
scientific evidence to support their strong, express disease claims, as 
we allege in our complaint, I agree that law enforcement is 
appropriate.
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    \1\ Press Release, FTC and FDA Warn Florida Company Marketing 
CBD Products about Claims Related to Treating Autism, ADHD, 
Parkinson's, Alzheimer's, and Other Medical Conditions, Oct. 22, 
2019, available at https://www.ftc.gov/news-events/press-releases/2019/10/ftc-fda-warn-florida-company-marketing-cbd-productsabout-claims; Press Release, FTC Sends Warning Letters to Companies 
Advertising Their CBD-Infused Products as Treatmentsfor Serious 
Diseases, Including Cancer, Alzheimer's, and Multiple Sclerosis, 
Sept. 10, 2019, available at https://www.ftc.gov/news-events/press-releases/2019/09/ftc-sends-warning-letters-companies-advertising-their-cbdinfused; Press Release, FTC Joins FDA in Sending Warning 
Letters to Companies Advertising and Selling Products Containing 
Cannabidiol (CBD) Claiming to Treat Alzheimer's, Cancer, and Other 
Diseases, Apr. 2, 2019, available at https://www.ftc.gov/news-events/press-releases/2019/04/ftc-joins-fda-sending-warning-letters-companiesadvertising.
    \2\ Press Release, FTC Order Stops the Marketer of ``Thrive'' 
Supplement from Making Baseless Claims It Can Treat, Prevent, or 
Reduce the Risks from COVID-19, July 10, 2020, available at https://www.ftc.gov/newsevents/press-releases/2020/07/ftc-order-stops-marketer-thrive-supplement-making-baseless-claims.
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    The Commission's proposed consent orders in these matters require 
respondents to possess and rely on competent and reliable evidence, 
defined as randomized, double-blind, placebo-controlled human clinical 
trials to support disease and other serious health claims for these 
types of products in the future.\3\ Although I support this requirement 
in these cases, for these types of claims, I caution that the 
Commission should impose this stringent substantiation requirement 
sparingly. Credible science supports the use of CBD products to treat 
certain conditions--specifically, the FDA has approved a drug 
containing CBD as an active ingredient to treat rare, severe forms of 
epilepsy.\4\ And I understand that many research studies are currently 
seeking to determine whether there are other scientifically valid and 
safe uses of this ingredient.
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    \3\ See, e.g., Part I of Proposed Order, In the Matter of 
Bionatrol Health, LLC, et. al. (Dec. 2020).
    \4\ See FDA Press Release, FDA approves first drug comprised of 
an active ingredient derived from marijuana to treat rare, severe 
forms of epilepsy (June 25, 2018), available at: https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms.
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    I agree with my predecessors who have stated that the Commission 
should be careful to avoid imposing an unduly high standard of 
substantiation that risks denying consumers truthful, useful 
information, may diminish incentives to conduct research, and could 
chill manufacturer incentives to introduce new products to the 
market.\5\ And I agree with the observation of my colleague 
Commissioner Chopra in his statement that ``[b]aseless claims give 
patients false hope, improperly increase or divert their medical 
spending, and undermine `a competitor's ability to compete' on honest 
attributes.'' \6\ Although I support these cases, I hope that the 
Commission's actions here, which challenge wholly unsubstantiated 
disease claims, do not discourage research into the potential 
legitimate benefits of CBD and a wide array of other products. In 
addition, going forward, I urge the Commission to focus our scarce 
resources on marketers that make strong, express claims about diseases 
and serious health issues with little to no scientific support and 
engage in deceptive practices that cause substantial consumer injury.
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    \5\ See, e.g., Statement of Commissioner Maureen K. Ohlhausen, 
In the Matter of Health Discovery Corporation and FTC v. Avrom Boris 
Lasarow, et al. (Feb. 2015), https://www.ftc.gov/public-statements/2015/02/dissenting-statement-commissioner-maureen-k-ohlhausen-matter-health; Statement of Commissioner Joshua D. Wright, FTC v. 
Kevin Wright; HCG Platinum, LLC; and Right Way Nutrition, LLC (Dec. 
2014), https://www.ftc.gov/public-statements/2014/12/statement-commissioner-joshua-d-wright-federal-trade-commission-v-kevin; 
Statement of Commissioner Joshua D. Wright, In the Matter of 
GeneLink, Inc., and foru International Corporation (January 2014), 
https://www.ftc.gov/public-statements/2014/01/statement-commissioner-joshua-d-wright-matter-genelink-inc-foru; Statement of 
Commissioner Maureen K. Ohlhausen Dissenting in Part and Concurring 
in Part, In the Matter of GeneLink, Inc. and foru International 
Corporation (January 2014), https://www.ftc.gov/public-statements/2014/01/statement-commissioner-maureen-k-ohlhausen-dissenting-part-concurring-part; Dissenting Statement of Commissioner Maureen K. 
Ohlhausen, FTC v. Springtech 77376, et al. (July 2013), https://www.ftc.gov/public-statements/2013/07/dissenting-statement-commissioner-maureen-k-ohlhausen; see also J. Howard Beales, III and 
Timothy J. Muris, In Defense of the Pfizer Factors, George Mason Law 
& Economics Research Paper No. 12-49 (May 2012), available at: 
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2087776.
    \6\ See Statement of Commissioner Rohit Chopra Regarding the 
Cannabidiol (CBD) Enforcement Actions (Dec. 17, 2020).
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[FR Doc. 2020-28543 Filed 12-23-20; 8:45 am]
BILLING CODE 6750-01-P