On March 10, 2025, the U.S. Department of Health and Human Services (HHS) announced that U.S. Secretary of HHS Robert F. Kennedy Jr. directed the U.S. Food and Drug Administration (FDA) to explore closing the GRAS...more
3/27/2025
/ Beverage Manufacturers ,
Department of Health and Human Services (HHS) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
GRAS ,
New Regulations ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process
Whether at 7-11 or at your local grocery chain, functional beverages line the aisles, touting their nutritional and health benefits. The functional beverage industry is becoming big business, but as this industry bubbles up,...more
12/9/2024
/ Beverage Manufacturers ,
Business Taxes ,
C-Corporation ,
Entrepreneurs ,
General-Business ,
Limited Liability Company (LLC) ,
S-Corporation ,
SAFE ,
Shareholders ,
Tax Benefits ,
Tax Cuts and Jobs Act
To succeed in the growing functional beverage industry, understanding key legal issues is crucial. As new functional beverage brands continue to emerge, business owners need to consider a variety of legal issues, including...more
12/9/2024
/ Advertising ,
Beverage Manufacturers ,
Dietary Supplements ,
Distributors ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Influencers ,
Intellectual Property Protection ,
Marketing ,
Medical Foods ,
Social Media ,
Taxation
In an industry full of buzzwords, “adaptogens” and “nootropics” are current stand outs within the beverage industry. The beverage industry experienced a significant shift in consumer preference following the COVID-19...more
In the bustling landscape of consumer goods, caffeinated beverages stand out as a daily staple for millions of Americans. A recent shift towards “clean caffeine” and caffeine alternatives has further energized consumer demand...more
Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more
12/4/2023
/ Advertising ,
Agricultural Sector ,
Cannabis Products ,
Dietary Supplements ,
Enforcement ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Products . ,
Food Safety ,
Food Supply ,
GRAS ,
Health Claims ,
Medical Foods ,
USDA
On the heels of New York and Missouri legalizing adult use cannabis, on November 7, 2023, Ohio voters approved “Issue 2” – a citizen initiative paving the way for adult use marijuana legalization in the state, which according...more
The 2022 Midterm Election revealed a mixed bag of results regarding the legalization of adult use (recreational) marijuana: voters in Maryland and Missouri approved adult-use legalization measures whereas voters in Arkansas,...more
In our previous post, we highlighted that the United Stated Department of Agriculture (“USDA”) published its final rule (the “Final Rule”) regulating the production of industrial hemp under the Agriculture Improvement Act of...more
On January 15, 2021, the United States Department of Agriculture (“USDA”) published its final rule (the “Final Rule”) regulating the production of industrial hemp under the Agriculture Improvement Act of 2018 (the “2018 Farm...more
On August 20, 2020, the Drug Enforcement Administration (“DEA”) published an Interim Final Rule on industrial hemp and hemp derivatives (the “Interim Rule”), which immediately went into effect, to conform DEA regulations with...more
In our previous posts, we discussed why state-legal medical and recreational marijuana businesses are likely not eligible to receive federal financial assistance under the Paycheck Protection Program due to the fact that...more
Resulting in Zoom Promising to Implement an Information Security Program, Resembling the SHIELD Act-
Key point: The Letter of Agreement between the New York Attorney General and Zoom Video Communications, Inc. provides...more
Keypoint: The use of no-contact temperature taking devices can be an important part of a company’s return to work program, but companies should fully vet these devices to ensure that they are not unintentionally violating...more
Disclaimer: Below is a state-wide analysis of the current legal environment for the cannabis industry in light of the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail marijuana...more
Keypoint: If properly deployed, the use of COVID-19 contact tracing apps by employers, in combination with other measures, could be an effective way to return employees to the workforce. However, before deploying these apps,...more
In our previous post, we touched on the fact that state-legal medical and recreational marijuana businesses (including indirect marijuana businesses) could not receive federal financial assistance due to marijuana’s continued...more
Keypoint: The AG’s office again signals that the CCPA’s July 1 enforcement deadline will not be extended.
In another sign that the California Attorney General has no plans to delay the CCPA’s July 1, 2020, enforcement...more
The below discussion is an analysis of the current legal environment in light of the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail marijuana businesses to continue operating in...more
Keypoint: After an active winter of proposed state privacy laws, it appears that all eyes will once again be on California for the remainder of the year as we wait for final CCPA regulations, the fate of the CCPA 2.0 ballot...more
On Wednesday, March 25, 2020, the United States Senate approved an estimated $2 trillion dollar stimulus package in response to the economic impact of the COVID-19 outbreak. The legislation, formally known as the “Coronavirus...more
Keypoint: The California Attorney General’s office does not currently plan to extend the CCPA’s enforcement deadline but left the door open to reconsider its position as the coronavirus crisis unfolds.
As we previously...more
Keypoint: This modified draft of proposed regulations retracts some of the modifications as published on February 10 and adds new revisions. There is an additional comment period, which delays publication of final regulations...more
3/12/2020
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws ,
Proposed Regulation
Keypoint: The Washington House of Representatives passed an amended version of the WPA containing a private right of action.
On Friday, March 6, the Washington House of Representatives passed an amended version of the...more
Keypoint: The WPA version that passed out of the House committee contains a private right of action along with other changes strengthening the WPA’s privacy provisions.
On Friday, February 28, the Washington House...more