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
Continue Reading CBD and False Advertising: Lessons Learned From The Food Court

We’ve written a lot about FDA’s current position on CBD in food and the ongoing process to evaluate a potential non-drug pathway for the ingredient that emerged seemingly out of nowhere to capture the attention of consumers, legislators, and regulators
Continue Reading NY and Ohio: Recent Legal Changes Diverge on Whether CBD Can Be Added to Food

On June 25, 2019, Senator Ron Wyden (D-OR) issued a letter urging Department of Health and Human Services (HHS) Secretary Alex Azar and Food and Drug Administration (FDA) Acting Commissioner Ned Sharpless to take action by addressing the confusion and
Continue Reading Senator Wyden Again Urges FDA to Clarify CBD Pathway; Agency Extends Comment Deadline and Issues New Communications

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,
Continue Reading USDA Legal Opinion Seeks To Clarify Interstate Transport of Hemp

Earlier this week, the House Appropriations Committee approved the fiscal year 2020 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies bill by a vote of 29 to 21. The committee report accompanying the bill included notable language on
Continue Reading House Appropriations Committee Cautions FDA To Focus on Public Health and Preserve Clinical Study Incentives As It Examines CBD Pathways