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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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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Cannabis Delivery Service Defendant Defeats Class Certification in Texting Case
Texting customers without proper consent is risky business. As we discussed here, there has been a flood of lawsuits over the past five years against companies large and small relating to their texting practices. With many new entrants to
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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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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
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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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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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USDA Legal Opinion Seeks To Clarify Interstate Transport of Hemp
On May 28, 2019, the United States Department of Agriculture’s (“USDA”) Office of the General Counsel issued a Legal Opinion, which attempts to address open questions relating to interstate transport of hemp. While the 2018 Farm Bill legalized hemp production,
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California Bill to Allow Hemp-Derived CBD in Foods, Beverages, and Cosmetics
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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