FDA maintained its position that CBD in any ingestible form is subject to the drug preclusion language in the federal Food Drug and Cosmetic Act via refusal letters posted regarding New Dietary Ingredient Notifications (NDIN) filed by Charlotte’s Web and
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FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims
Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19. In warning letters issued to CBD Gaze, Alternavita, Musthavemom.com
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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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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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NY and Ohio: Recent Legal Changes Diverge on Whether CBD Can Be Added to Food
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
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FDA Responds To Congressional Pressure To Speed Up CBD Review
Last week, FDA Principal Deputy Commissioner and Acting Chief Information Officer Dr. Amy Abernethy released a series of tweets indicating that the agency is “expediting” its work towards addressing the confusion and uncertainty surrounding the regulation of hemp-derived CBD. Dr.
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