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
Continue Reading New York Joins the CBD COVID-19 Enforcement Fray
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
Continue Reading CBD Manufacturer Not Immune From FDA Enforcement For COVID-19 Claims
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
Continue Reading FDA Sends CBD Status Report to Congress; Market Clarity Remains Elusive
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
Continue Reading Cannabis Companies Beware: You Can Get Sued If Your Website Isn’t Compliant With the Americans With Disabilities Act
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
Continue Reading House Bill Introduced to Treat CBD as Dietary Supplement While FDA Grapples With Reporting Deadlines and Data Gaps
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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Happy Hemp-days! EPA Grants First Ever Approvals for Pesticides Used on Hemp for Consumable CBD Products
Just in time for the holidays – and the growing season – the U.S. Environmental Protection Agency (EPA) has granted new registrations for pesticides to be used on hemp crops, including, for the first time, hemp used in the production
Continue Reading Happy Hemp-days! EPA Grants First Ever Approvals for Pesticides Used on Hemp for Consumable CBD Products
Joint Warning Letter Targets CBD Claims Relating To Infant and Child Uses
Any parent who has tried in vain to soothe a child suffering from a painful ear infection or comfort a teething baby knows that feeling of desperation when you may be willing to try just about anything to get the
Continue Reading Joint Warning Letter Targets CBD Claims Relating To Infant and Child Uses
New California Cannabis-Related Bills Make it Off the Governor’s Desk
On October 12, 2019, California Governor Gavin Newsom announced the following cannabis-related bills were signed into law:
- AB 37
- Allows cannabis businesses to claim state tax deductions and credits available to other legal businesses in the state for each taxable
Continue Reading New California Cannabis-Related Bills Make it Off the Governor’s Desk
Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue
As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his
Continue Reading Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue