NAD in 2025: Claim Substantiation Lessons for CBD and Cannabinoid Beverages

Introduction

The National Advertising Division (NAD) of BBB National Programs has maintained its assertive oversight in 2025, particularly for health and functional product advertising—including the emerging CBD and hemp-derived beverage sector. With the FDA and FTC both ramping up enforcement against unsubstantiated health claims, the standards applied in traditional supplement and functional food cases are informing what is now expected for CBD, CBG, and other cannabinoid-infused beverages. For brands planning Q4 launches in 2025, understanding NAD’s most recent activity, substantiation requirements, and coordination with federal agencies is critical for cannabis compliance and risk management.

NAD Oversight in 2025: Key Trends and Takeaways

Focus on Health & Performance Claims

NAD’s 2025 case summaries and conference commentary highlight active monitoring of sleep, pain, stress, recovery, and wellness benefit claims. While CBD and cannabinoids remain under close scrutiny by the FDA and FTC, NAD’s self-regulatory process continues to influence market guardrails, regardless of formal FDA approval for ingestible CBD products.

CBD Analogs & Comparable Claims

NAD decisions in 2025 for dietary supplements, nootropics, and adaptogenic beverages directly inform what’s likely defensible in the cannabinoid space. Key issue areas from these cases include:

• Use of precise qualifiers: Claims must reflect the exact studied population, dose, and conditions (e.g., “Helps calm occasional stress” vs. broad disease-related statements).
• Clear disclosures: Any atypical results, or claims based only on animal or in-vitro data, must be prominently qualified for consumers.
• Limitations of disclaimers: General disclaimers do not cure an otherwise deceptive claim; qualifying language must be clear and conspicuous, not hidden in fine print.

Substantiation: “Competent and Reliable Scientific Evidence”

The NAD expects CBD beverage brands to support their claims with human clinical evidence when asserting health or performance benefit statements. In-vitro, animal, or mechanistic data can supplement—but not replace—the need for well-controlled, peer-reviewed human studies.

Dosage & Serving Consistency

• Claims must match the studied dose and route of administration. If a claim is based on a randomized controlled trial (RCT) using 50mg CBD daily, the marketed beverage must deliver an equivalent and bioavailable dose.
• Variability between the labeled CBD amount and the actual content per serving could itself draw scrutiny from NAD or state regulators.

The Limits of Disclaimers and Structure–Function Claims

NAD’s 2025 reviews continue to reiterate that disclaimers (like “results may vary” or “not evaluated by the FDA”) do not shield marketers from responsibility. Brands cannot make substantive health promises and then attempt to disclaim them in footnotes. Structure–function claims—such as “supports relaxation” or “promotes restful sleep”—must still be supported by real human evidence and be wording-appropriate for the studied data.

FTC & FDA Enforcement: Warning Letter Hotspots

Parallel to NAD’s activity, the FTC and FDA have sent an ongoing stream of warning letters to companies making unsubstantiated CBD beverage claims in 2025. Enforcement trends include:

• Overpromising outcomes (e.g., “relieves chronic pain,” “cures insomnia,” “treats anxiety”) without clinical substantiation.
• Implying drug-like or disease-treatment effects for products not recognized as drugs by the FDA.
• Failure to disclose material limitations or conflicts of interest in clinical studies used for marketing.
• Inconsistent labeling, serving, or potency data compared to what was actually studied or advertised.

For a recent roundup, CannabisRegulations.ai’s analysis of 2025 warning letters highlights the ongoing crackdown on deceptive health claims and the requirement for full transparency.

Human Clinical Trials: NAD’s Gold Standard

For those planning to make health/function claims for CBD or any cannabinoid beverage, the safest route according to NAD doctrine is having:

• At least one well-controlled, peer-reviewed human clinical trial matching the proposed claim, population, dose, and delivery method.
• Consistency between product labeling, serving size, and the clinical protocol.
• Comprehensive study disclosures: methodology, funding source, conflicts of interest, and statistical significance of results, made accessible to consumers.
• Product batch testing to verify labeled contents match both the clinical material and the product on shelves.

This gold standard is particularly important for claims around sleep support, stress reduction, and pain relief—areas most targeted by FTC/FDA.

Practical Guardrails for CBD & Cannabinoid Beverage Claims in Q4 2025

Do:

• Base claims on human clinical trials; if using analogs (ex: ingredients similar to CBD), clearly explain their relevance and limitations.
• Carefully match serving size/dose to what is studied.
• Prominently qualify any limitations—if results are not typical, consumers must be able to recognize it at a glance (not in fine print).
• List and link to supporting studies on product pages for maximum transparency and credibility.
• Use specific, mild phrasing (“may help support relaxation in healthy adults”) instead of categorical benefit promises.

Don’t:

• Reference treatment or prevention of any disease (e.g., “treats arthritis,” “improves PTSD symptoms”) unless FDA-approved.
• Hide disclaimers or qualifying information from the main message.
• Overstate the significance or generalizability of small, inconclusive, or non-human studies.
• Use consumer testimonials as substantiation for core efficacy claims.

Aligning with Federal and State Developments

With no formal federal approval for CBD beverages as dietary supplements or food additives in 2025, NAD, FTC, and FDA serve as de facto regulatory gatekeepers. State-level requirements for cannabinoid beverages (age-gating, labeling, and marketing restrictions) are layered on top of these expectations. Brands are urged to implement robust risk assessments, substantiation file documentation, and continuous monitoring of new NAD, FDA, and FTC developments.

For further learning, review NAD case summaries and FDA’s list of recent warning letters targeting CBD and food/beverage marketers.

Key Takeaways for Cannabis Beverage Businesses and Compliance Teams

• Document all substantiation BEFORE claims are made; NAD only considers evidence available at time of advertising.
• Human clinical trials are the gold standard for bold health or functional claims; in-vitro or animal models are rarely sufficient.
• Disclaimers must be clear, prominent, and cannot salvage a misleading headline claim.
• Expect heightened oversight on sleep, pain, stress, and performance-related statements in 2025.
• Monitor developments—NAD doctrine moves fast, and federal/state enforcement follows closely behind.

Conclusion: Proactive Compliance for 2025 Success

The NAD’s decisions and federal enforcement posture in 2025 make one thing clear: Only rigorously supported, cautiously worded claims will withstand scrutiny for CBD and hemp-derived beverages. Brands that invest early in science, documentation, and compliance culture can launch with confidence and minimize exposure in the ever-evolving regulatory landscape.

If you are preparing to launch or update a CBD beverage brand, leverage CannabisRegulations.ai for real-time guidance and best practices in cannabis compliance, marketing substantiation, and state/federal regulatory tracking.