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
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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
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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
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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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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
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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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Navigating the Haze of Cannabis Rules and Regulations in Europe
On 24 September, European regulators cleared the way for GW Pharma’s cannabinoid medicinal product to treat patients with two rare, severe forms of epilepsy. The European Commission approved Epidyolex to treat seizures associated with Lennox Gastaut syndrome (LGS) or Dravet
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FTC Issues Warning Letters to Companies Advertising Their CBD-Infused Products as Treatments for Serious Diseases
Today, the FTC issued warning letters to three companies selling CBD products. The companies, which FTC did not identify publicly, allegedly illegally advertised CBD products as being able to treat or cure serious diseases and health conditions without competent and
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Ninth Circuit Abstains From Case Involving Interstate Shipment of Hemp
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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