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NJ Department of Health Changes Course on Medical Marijuana Licenses – Potential Licenses Reduced to 24

On July 1, 2019, the New Jersey Department of Health (NJDOH) issued a new Notice of Request for Applications (Notice), replacing the previous Notice that the NJDOH had issued last month, and announced that it is seeking new...more

NJ to Issue Up to 108 New Medical Marijuana ATC Licenses, Will Transform State’s Program

On June 3, 2019, the New Jersey Department of Health (NJDOH) issued a much-anticipated Notice of Request for Applications (Notice) and announced that it is seeking new applicants to operate up to 108 new medical marijuana...more

USPTO Issues Cannabis Trademark Guidance, Opens the Door for Some Marks to be Registered

On May 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued "Examination Guide 1-19 - Examination of Marks for Cannabis and Cannabis Related Goods and Services after Enactment of the 2018 Farm Bill" (Guidance),...more

Following FDA’s Lead, TTB Prohibits Hemp-Derived CBD in Alcohol Beverages

Although hemp is now federally legal, as a result of the enactment of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) late last year, the Alcohol and Tobacco Tax and Trade Bureau (TTB) recently declared that...more

As Outgoing FDA Commissioner Addresses CBD Regulations and Upcoming Agency Hearing, FDA and FTC Issue Warnings to CBD Marketers

On April 2, 2019, outgoing U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., further addressed FDA’s approach to cannabis-containing and cannabis-derived products (e.g., cannabidiol...more

Food Regulatory Update: FDA Issues Final Recall Guidance and Plans Strengthened Dietary Supplement Oversight, States and Cities...

Despite the cold temperatures across much of the country, federal and state food policy, regulations, and enforcement developments have been heating up....more

FDA Further Outlines Plans to Strengthen and Modernize 510(k) Pathway

Agency continues to promote use of "robust performance criteria" and "modern predicate devices" - On January 22, 2019, the U.S. Food and Drug Administration (FDA or the Agency) detailed in a Final Guidance document the...more

Farm Bill Signed Into Law, Legalizing Hemp. What Can We Expect? FDA’s Response Sheds Some Light.

On December 20, 2018, President Trump signed into law the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). Among other things, the 2018 Farm Bill removes hemp from the definition of "marihuana" (marijuana) in the...more

New Jersey Makes Major Strides to Expand Cannabis Program

On November 26, 2018, the New Jersey legislature advanced three cannabis-related bills out of committee; the measures now go to the floor of each chamber, and votes could occur as early as December 17, 2018....more

FDA Announces Plans to Significantly Change Medical Device 510(k) Clearance Program

On November 26, 2018, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., and Jeff Shuren, M.D., Director of FDA’s Center for Devices and Radiological Health (CDRH), issued an extensive...more

FDA Releases Medical Device Cybersecurity Draft Guidance

In recognition of the increasing prevalence of connected medical devices, and the potential cybersecurity vulnerability of the same, the U.S. Food and Drug Administration (FDA or the Agency) issued on October 18, 2018 a draft...more

DEA Schedules First FDA-Approved Cannabis-Derived Drug as Schedule V

The U.S. Drug Enforcement Administration (DEA) is expected to publish in the September 28, 2018 edition of the Federal Register an order scheduling U.S. Food and Drug Administration (FDA or the Agency)-approved drugs that...more

FDA Takes Sweeping Enforcement Action to Address “Epidemic” of Youth E-cigarette use, Could Move to Significantly Restrict...

On Sept. 12, 2018, the U.S. Food and Drug Administration (FDA or the Agency) announced a series of significant enforcement actions related to the sale and marketing of e-cigarettes to minors. ...more

Three Questions for Employers to Consider Regarding Medical Marijuana

As the number of states authorizing use of cannabis increases for both medical and adult (i.e., recreational) purposes, the ambiguities and issues for employers continue to grow. Regardless of expansion at the state level,...more

New Jersey Poised to Double the Number of Medicinal Marijuana Licenses Available; Quick Turnaround Time to Submit Applications

As a gubernatorial candidate, Phil Murphy ran on a platform of legalizing marijuana in New Jersey. In just seven months since taking office, now-Governor Murphy has taken a number of actions that resulted in the ballooning of...more

FDA Approves First Cannabis-Derived Drug to Treat Rare and Severe Forms of Epilepsy

On June 25, 2018, the U.S. Food and Drug Administration (FDA or the Agency) approved Epidiolex (cannabidiol) [CBD] oral solution for the treatment of seizures associated with two rare and severe forms of epilepsy,...more

Trump Administration Proposes Consolidating Federal Food Safety Responsibilites Into Single Agency at USDA, Renaming FDA the...

On June 21, 2018, the Trump administration proposed consolidation of the federal food safety functions of the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture's (USDA) Food Safety and Inspection...more

FDA and USDA Collaborate to Streamline Produce Safety Requirements for Farmers

On June 5, 2018, the U.S. Food and Drug Administration (FDA or the Agency) and the U.S. Department of Agriculture (USDA) announced the alignment of USDA's Harmonized Good Agricultural Practices Audit Program (USDA H-GAP) with...more

Navigating Five Key Legal and Regulatory Hurdles to Get and Keep Your Product on the Market

Food and beverage, drug, medical device, cosmetics, and consumer products companies must navigate a maze of legal and regulatory challenges in order to get and keep their products on the market — from concept, to development,...more

Food Regulatory Update: Bioengineered Disclosure Coming to a Food Label Near You; Menu Labeling Rule Goes Live Today, May 7th –...

On May 4, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule that, if finalized, will provide a mandatory uniform national standard for...more

Pennsylvania Medical Marijuana Permit Applications Now Live, Deadline to Submit is May 17

Earlier today, the Pennsylvania Department of Health (DOH), Office of Medical Marijuana (OMM), which oversees the Commonwealth’s medical marijuana program, initiated phase II of its licensing process. OMM is now accepting...more

Food Regulatory Update: FDA Moving Forward With Nutrition Facts and Menu Labeling Rules, Plans to Redefine “Healthy” and Encourage...

In remarks at the National Food Policy Conference (NFPC) in Washington, D.C. on March 29, 2018, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., detailed the Agency’s wide-ranging plans...more

FDA to Evaluate Minimally or Non-Addictive Cigarette Product Standard, Also Plans to Look at Flavors and Premium Cigars

Earlier today, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., announced FDA’s issuance of an advance notice of proposed rulemaking (ANPRM) to explore a product standard to lower...more

2018 Health Law Predictions

2017 was a year in contrasts for the health care delivery system. Congress and President Trump made several attempts to “repeal and replace” the Affordable Care Act. Controversy about marijuana continued as more states...more

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