CBD and Hemp Legal and Regulatory Roundup – October 1, 2021

Kelley Drye & Warren LLP

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:


Ore. regulator issues recall for hemp CBD tincture produced by Cura CS

The Oregon Liquor and Cannabis Commission (OLCC) revealed the hemp CBD tincture produced by Cura CS, and sold under its Select brand, is subject to a mandatory recall. The OLCC reports consumers using the mislabeled product could get high and “become unexpectedly impaired” because of its “undisclosed levels of THC.” It’s estimated that approximately 500 units were sold starting June 19 and about 200 remain in the inventories of retailers. The Province

CBD company hits another with TM infringement suit

CBD manufacturer SunFlora hit another CBD brand with a trademark infringement suit in an Ill. federal court, accusing the duo behind the brand of misappropriating SunFlora’s trademarks for their own CBD line and breaching their contracts as SunFlora affiliates. SunFlora alleges the brothers Brian and James Kevin Harvey signed affiliate agreements to sell SunFlora’s Sunmed-branded CBD products as franchisors at three “Your CBD Store” locations in Ill. But, SunFlora accuses the pair of using its intellectual property rights, including trade secrets, as they sell a competing CBD product called HempTonic CBD at the Your CBD Store locations. The suit includes counts of federal and common law TMI, unfair competition, false advertising, breach of contract and violation of the Defend Trade Secrets Act. Among other things, SunFlora is seeking an order for the defendants to remove the purportedly false or misleading ads and to prohibit the Harveys from operating any CBD business for two years within 100 miles of their franchise stores. Law 360 (sub. req.)


States debate whether to hand over authority to USDA as 2014 Farm Bill pilot programs expire

Four tribes and three states, Hawaii, Miss. and N.H., determined they will let the USDA play the lead role in regulating their respective hemp markets. The states are partially motivated by funding concerns. Two prominent hemp-growing states, Wis. and N.C., recently decided to allow the Department of Agriculture to regulate hemp within their borders, and others are in the process of deciding whether to hand over authority to USDA as the pilot programs authorized under the 2014 Farm Bill expire at the end of 2021. Given the size of the Wis. and N.C. markets, it’s raised questions over whether the USDA will be able to handle the additional responsibility. Nearly a dozen other states remain undecided. Agri-Pulse

U.S.’s largest hemp processing facility opens in southern Ind.

HempRise, which extracts CBD from hemp and supplies it to other companies, invested $80 million in a 100,000-square-foot facility. The company selected Kentuckiana as its location because the crops are nearby and the area is near many large cities. It will be the largest hemp processing facility in the U.S. and will employ about 50 people. WDRB

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kelley Drye & Warren LLP | Attorney Advertising

Written by:

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.