Hemp production, unlike much of the farming industry, has not declined due to COVID-19. Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19. In turn, FDA and FTC...more
5/27/2020
/ Advertising ,
Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Farms ,
Federal Aid ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Marijuana ,
Regulatory Oversight ,
Supply and Demand ,
USDA
From severe shortages in medical masks and ventilation equipment worldwide to the curious “toilet paper desert” in America, COVID-19 is creating temporary and long-term disruptions in the availability of both highly...more
3/25/2020
/ Advertising ,
Consumer Protection Laws ,
Cosmetics ,
Departments of Commerce ,
Enforcement Actions ,
False Advertising ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hemp ,
Influencers ,
Labeling ,
Pending Legislation ,
Personal Care Products ,
Supply Chain
CBD continues to flourish in the markets despite lack of federal regulations, and we’ve identified some significant events that indicate there’s no sign it’s stopping. ...more
3/12/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Dietary Supplements ,
Direct to Consumer Sales ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Legislative Agendas ,
Manufacturers ,
Marijuana ,
Marijuana-Infused Edibles ,
Marketing ,
Medical Foods ,
Misleading Statements ,
Pain Management ,
Plant Based Products ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Rulemaking Process ,
Statutory Violations ,
Stays ,
Title III
In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products...more
12/4/2019
/ Animal Food ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Direct to Consumer Sales ,
Enforcement Actions ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
GRAS ,
Health and Safety ,
Hemp ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Public Health ,
Regulatory Oversight ,
Retail Market ,
Retail Sales ,
Toxic Exposure
Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more
11/12/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Deceptive Intent ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Regulatory Agenda ,
Regulatory Oversight
Seyfarth Synopsis: Through a reintroduced House bill, Congress is taking strides to push for cosmetic regulation reform and, separately, through the SAFE Act, it is seeking to establish a safe harbor for financial...more
11/1/2019
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cosmetics ,
Farm Bill ,
Farms ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Hemp ,
Legislative Agendas ,
Licensing Rules ,
Marijuana ,
Personal Care Products ,
Proposed Legislation ,
Proposed Regulation ,
Proposed Rules ,
Public Health ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
Safety Standards ,
Toxic Chemicals ,
USDA
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to...more
9/17/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Misleading Impressions ,
Plant Based Products ,
Retail Market ,
Unfair or Deceptive Trade Practices ,
Warning Letters
Following last year’s passage of the 2018 Farm Bill, the National Credit Union Administration (NCUA) issued a regulatory update in August of 2019 to federally insured credit unions. Citing growth in hemp-related commerce,...more
9/11/2019
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BSA/AML ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Services Industry ,
Hemp ,
Lending ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NCUA ,
Regulatory Requirements
Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally?
As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is...more
8/8/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Pending Legislation ,
Personal Care Products ,
Plant Based Products ,
Policy Statement ,
Product Labels ,
Regulatory Agenda ,
Regulatory Oversight ,
Working Groups
As 2019 is underway and the government is back up and running (at least for now), we have summarized for you key developments from 2018 and projections for 2019 on issues that we have been monitoring closely in the cosmetics...more
2/6/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Class Action ,
Consumer Review Fairness Act (CRFA) ,
Cosmetics ,
Farm Bill ,
Food and Drug Administration (FDA) ,
FTC Endorsement Guidelines ,
Hemp ,
Influencers ,
Legislative Agendas ,
Marijuana-Infused Edibles ,
Natural Products ,
Organic ,
Patent Infringement ,
Personal Care Products ,
Popular ,
Product Labels ,
Regulatory Oversight ,
Regulatory Reform ,
Social Media