On May 22, Central California District Court Judge Virginia A. Phillips granted CBD retailer CV Sciences, Inc.’s (CV Sciences) request to stay the case of Colette et al. v. CV Sciences Inc., Case No. 2:19-cv-10227 (C.D. Cal), until the
Continue Reading Another Federal Court Halts False Advertising Case Pending FDA Review of CBD
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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Florida Court Permits CBD Mislabeling Case to Proceed
In a somewhat mixed decision for cannabis company defendants, a false advertising class action lawsuit will proceed in the Southern District of Florida – and not be halted while waiting for guidance from the FDA – although some of the
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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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CBD Manufacturer Not Immune From FDA Enforcement For COVID-19 Claims
In the midst of continued enforcement regarding coronavirus marketing, FDA sent a warning letter to NeuroXPF concerning advertising for its CBD products alleging that they can boost immune systems to help consumers avoid contracting the virus. Citing the need to
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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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Cannabis Companies Beware: You Can Get Sued If Your Website Isn’t Compliant With the Americans With Disabilities Act
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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House Bill Introduced to Treat CBD as Dietary Supplement While FDA Grapples With Reporting Deadlines and Data Gaps
The push and pull on CBD regulation continues.
Earlier this week, Minnesota Representative Colin Peterson introduced a H.R. 5587, which would regulate CBD as a dietary supplement. Specifically, the bill would amend the federal Food, Drug, and Cosmetic Act
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Florida Court Stays False Advertising Case Pending FDA Review of CBD
In an important decision for cannabis companies facing class action litigation over the alleged misbranding of products containing CBD, a Southern District of Florida court recently held that because the FDA is exercising regulatory authority over the labeling of CBD
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