Over the past few years, a handful of law firms have filed thousands of lawsuits over website accessibility issues. This has been a lucrative business for these firms. Many of these suits are essentially cut-and-paste jobs, and the recipients often
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Kelley Drye
CBD and False Advertising: Lessons Learned From The Food Court
By Kristi L. Wolff & Kelley Drye on
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of consumer false advertising litigation. Lawsuits filed…
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NY and Ohio: Recent Legal Changes Diverge on Whether CBD Can Be Added to Food
By Kristi L. Wolff & Kelley Drye on
We’ve written a lot about FDA’s current position on CBD in food and the ongoing process to evaluate a potential non-drug pathway for the ingredient that emerged seemingly out of nowhere to capture the attention of consumers, legislators, and regulators…
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FDA Responds To Congressional Pressure To Speed Up CBD Review
By Kristi L. Wolff & Kelley Drye on
Last week, FDA Principal Deputy Commissioner and Acting Chief Information Officer Dr. Amy Abernethy released a series of tweets indicating that the agency is “expediting” its work towards addressing the confusion and uncertainty surrounding the regulation of hemp-derived CBD. Dr.
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Senator Wyden Again Urges FDA to Clarify CBD Pathway; Agency Extends Comment Deadline and Issues New Communications
By Kristi L. Wolff & Kelley Drye on
On June 25, 2019, Senator Ron Wyden (D-OR) issued a letter urging Department of Health and Human Services (HHS) Secretary Alex Azar and Food and Drug Administration (FDA) Acting Commissioner Ned Sharpless to take action by addressing the confusion and…
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California Bill to Allow Hemp-Derived CBD in Foods, Beverages, and Cosmetics
By Kristi L. Wolff & Kelley Drye on
Assembly Bill 228 is a promising piece of legislation that could soon bring an end to California’s prohibition on adding hemp-derived CBD to foods, beverages, and cosmetics. The bill, in its current form, would add two provisions to the California…
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FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
By Kristi L. Wolff & Kelley Drye on
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act (“FTCA”). Although this is the first…
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