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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Litigation
Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue
By Kristi L. Wolff 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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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 L. Wolff & Kelley Drye 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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USDA Legal Opinion Seeks To Clarify Interstate Transport of Hemp
By Kristi L. Wolff & Kelley Drye on
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
By Kristi L. Wolff & Kelley Drye on
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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