Today, the FTC issued warning letters to three companies selling CBD products. The companies, which FTC did not identify publicly, allegedly illegally advertised CBD products as being able to treat or cure serious diseases and health conditions without competent and
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Ninth Circuit Abstains From Case Involving Interstate Shipment of Hemp
On September 4, 2019, the Ninth Circuit Court of Appeals held that the lower court should have abstained from ruling in Big Sky Scientific LLC v. Idaho State Police and determined that Idaho state court provides a satisfactory venue for
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In Suspense: California Hemp Bill Stalls
On August 30, 2019, the California Senate Appropriations Committee failed to move AB-228 out of the committee and instead held the bill on “Suspense” during its final hearing of the 2019 legislative session. As we have written previously, AB-228
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Kelley Drye’s CBD Update Webinar
Join Kelley Drye’s Cannabis Law practice group, including partners Kristi Wolff and Laura van der Meer, and guest speaker Megan Olsen from the Council for Responsible Nutrition, for a detailed look at several relevant CBD topics; including the
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New Jersey Gives Green Light to Industrial Hemp Program
On August 9, Governor Phil Murphy signed into law Assembly Bill 5322, establishing the state’s program for cultivation, handling, processing, transport, and sale of hemp. The bill also repeals the New Jersey Industrial Hemp Pilot Program, which was passed
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CBD and False Advertising: Lessons Learned From The Food Court
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
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
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
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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House Appropriations Committee Cautions FDA To Focus on Public Health and Preserve Clinical Study Incentives As It Examines CBD Pathways
Earlier this week, the House Appropriations Committee approved the fiscal year 2020 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies bill by a vote of 29 to 21. The committee report accompanying the bill included notable language on
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