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
Continue Reading Cannabis Companies Beware: You Can Get Sued If Your Website Isn’t Compliant With the Americans With Disabilities Act

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
Continue Reading CBD and False Advertising: Lessons Learned From The Food Court

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
Continue Reading NY and Ohio: Recent Legal Changes Diverge on Whether CBD Can Be Added to Food

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
Continue Reading Senator Wyden Again Urges FDA to Clarify CBD Pathway; Agency Extends Comment Deadline and Issues New Communications

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
Continue Reading California Bill to Allow Hemp-Derived CBD in Foods, Beverages, and Cosmetics

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
Continue Reading FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers