A new potential class action minefield cropped up in 2019 – challenges to cannabis companies’ marketing practices under the Telephone Consumer Protection Act (“TCPA”), with one major medical marijuana company already forced to defend its text messaging practices in Florida
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Litigation
Florida Court Stays False Advertising Case Pending FDA Review of CBD
By Jaclyn Metzinger & Mindy Pava on
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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Federal Courts Divest Themselves of Subject Matter Jurisdiction in Two Recent Cannabis-Related Proceedings
By Bez Stern on
Posted in Cannabis, Litigation
Earlier this month, two federal courts—one in the Southern District of New York, another in the Western District of Washington—analyzed the issue of whether a federal court has jurisdiction to hear what would otherwise be routine breach of contract cases…
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Podcast: CBD Warning Letters, FDA Commissioner Confirmation Hearing and Preview of Upcoming Webinar
By Kristi Wolff on
Posted in CBD, Continuing Legal Education, Enforcement, FDA, Legislation, Litigation, Prop 65, Regulation, Trade and Customs
On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar.
On Thursday, December…
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Upcoming Events for the Cannabis Law Practice Group
By Kelley Drye on
Kelley Drye’s Cannabis Law Practice is pleased to announce these upcoming educational opportunities:
- Partner Kristi Wolff will be presenting at the Food and Drug Law Institute’s “Legal and Practical Issues In The Evolving World of Cannabis Regulation” Conference
Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue
By Kristi Wolff & Lee Baumgardner on
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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Ninth Circuit Abstains From Case Involving Interstate Shipment of Hemp
By Kristi Wolff & Lee Baumgardner on
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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Kelley Drye’s CBD Update Webinar
By Kelley Drye on
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
By Kristi Wolff & Lee Baumgardner on
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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Court Requires Drug Enforcement Administration To Explain Why Only One US University Can Currently Source Cannabis
By Kristi Wolff & Bez Stern on
As readers of this blog already may know, the Drug Enforcement Administration (DEA) currently allows cannabis – consisting of the marijuana plant, with greater than 0.3% THC content – to be grown for research purposes at only one location: The …
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