The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022). The rationale behind this ruling
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FDA Rejects CBD New Dietary Ingredient Notifications: Four Practical Takeaways
FDA maintained its position that CBD in any ingestible form is subject to the drug preclusion language in the federal Food Drug and Cosmetic Act via refusal letters posted regarding New Dietary Ingredient Notifications (NDIN) filed by Charlotte’s Web and
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FDA Enforcement: There’s Nothing Inactive About CBD and “FDA Registered” Is Misleading
On Monday, FDA announced two warning letters issued to makers of topical CBD products labeled as OTC drugs. Amidst a backdrop of facility inspections that revealed significant good manufacturing compliance concerns, the most important takeaways in this round of CBD
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ICYMI: The FTC Has Civil Penalty Authority Relative To COVID-Related Advertising
As 2020 drew to a close and Congress scrambled to reach a deal to continue funding the federal government, tucked in amidst the 2124 pages of the 2021 Appropriations Bill is a new power for the FTC: civil penalty authority
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FTC’s CBD Crackdown: Something Old and Something New
The FTC announced yesterday settlements with six companies accused of making a broad range of unsubstantiated health claims, including that CBD can treat cancer, heart disease, hypertension, Alzheimer’s disease, bipolar disorder, and chronic pain, among others. Nicknamed, “Operation CBDeceit,” the
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FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims
Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19. In warning letters issued to CBD Gaze, Alternavita, Musthavemom.com
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The Proof Is In The Product: National Advertising Division (NAD) Recommends CBD Company Discontinue Claims
On April 29, the National Advertising Division (“NAD”) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively “Talyoni”) discontinue express claims that the companies’ cosmetic and wellness products contain CBD, as well as product performance claims based on
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New York Joins the CBD COVID-19 Enforcement Fray
As we have written about here and on our sister blog, Ad Law Access, regulators have wasted no time in taking enforcement actions against companies’ alleged false marketing around COVID-19. Just today, the Office of the New York Attorney
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KDW COVID-19 Resource Center Provides Critical Business Guidance
As the novel coronavirus (COVID-19) has reached pandemic levels, companies of all sizes and in all industries face myriad impacts to business operations and the health and well-being of employees.
To help clients navigate these new challenges, including the unpredictability
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FDA Sends CBD Status Report to Congress; Market Clarity Remains Elusive
Earlier this week, FDA sent its status report regarding a potential CBD enforcement discretion policy to Congress. As we wrote here, FDA was required to issue the report per the Joint Explanatory Statement attached to the 2020 Ag Appropriations
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