News & Analysis as of

Labeling Hemp

Harris Beach PLLC

New York State Office of Cannabis Management Adopts Final Hemp Regulations

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On November 24, 2021, the New York state Office of Cannabis Management (OCM) published a Notice of Adoption of the long-awaited hemp regulations. The regulations are codified at 9 NYCRR Part 114, titled “Cannabinoid Hemp.”...more

Cozen O'Connor

California Splits from the FDA: CBD Now Permitted in Food, Beverages and More

Cozen O'Connor on

On Wednesday, October 6, 2021, California Governor Gavin Newsom signed into law Assembly Bill 45 (AB-45) that “prohibit[s] restrictions on the sale of dietary supplements, food, beverages, cosmetics, or pet food that include...more

Vicente LLP

California Now Permits the Manufacture and Retail Sale of Hemp-Derived Products — Including CBD

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On October 6, 2021, Governor Newsom signed AB-45 into law. The bill, which takes effect immediately, permits the sale of food, beverages, dietary supplements, pet products, and cosmetics containing hemp-derived ingredients,...more

Goodwin

California Finally Breaks From FDA On CBD: Governor Newsom Signs AB-45

Goodwin on

On October 6, 2021, California Governor Gavin Newsom signed AB-45, creating an explicit framework for the manufacture and sale of hemp-derivative products in the state of California. While hemp was legalized at the federal...more

Tonkon Torp LLP

Plan Ahead For Increase In THC Package Limits

Tonkon Torp LLP on

Starting in January 2022, the amount of THC allowable in edibles sold through a retail store will raise to 100 mg of THC per package, which is double the previous per-package limit of 50 mg. This is great news for consumers...more

Vicente LLP

Cannabis Administration And Opportunity Act: What The Proposed Federal Cannabis Laws Would Mean For Hemp

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On July 14, 2021, Senators Chuck Schumer (D-NY), Ron Wyden (D-OR), and Cory Booker (D-NJ) released the discussion draft of historic federal cannabis legalization legislation, the Cannabis Administration and Opportunity Act...more

Vicente LLP

New Hemp CBD Laws, Regulations, And Policies: June 2021 Update

Vicente LLP on

Over the first half of 2021, many states passed laws, implemented, or proposed new regulations regarding hemp cultivation, processing, and CBD products. These changes range from updates to testing, labeling, and packaging...more

Steptoe & Johnson PLLC

Senators Introduce Law Providing Legal Pathway for CBD Products

Steptoe & Johnson PLLC on

On May 19, 2021, Senators Rand Paul (R-KY), Ron Wyden (D-OR), and Jeff Merkley (D-OR) introduced The Hemp Access and Consumer Safety Act of 2021 (the “Act”), which generally provides a legal pathway for certain hemp-derived...more

Foley Hoag LLP - Cannabis and the Law

New York Bans Delta-8/Revises Hemp Regulations

New York, which only recently passed an ambitious adult-use cannabis bill, has also positioned itself as a leader in the field of hemp cannabinoid products, and just today, May 19, 2021, updated its regulations and standards...more

Wilson Sonsini Goodrich & Rosati

FDA Cracks Down on Companies Listing CBD as an Inactive OTC Ingredient

On March 22, 2021, the U.S. Food and Drug Administration (FDA) issued warning letters to two companies, Honest Globe Inc. and Biolyte Laboratories LLC, for selling products labeled as containing cannabidiol (CBD) in ways that...more

Fox Rothschild LLP

Labeling Considerations For Cannabis Pet Products

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With the passing of the 2018 Farm Bill, the market for cannabis pet products has rapidly grown. As a result, broad-reaching marketing campaigns highlighting the available products and the claimed benefits have become much...more

Fox Rothschild LLP

The Regulation Of Hemp, Hemp Derivatives And CBD In Animal Products

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If you are trying to navigate the space where hemp products intersects with animal products, it can be unclear as to which authority to turn to for guidance. In the United States, FDA, FTC, DEA and USDA share governance over...more

Harris Beach PLLC

More CBD Certainty: Clearing Confusion over Hemp in New York State

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This fall, New York state released long-awaited proposed regulations for the hemp industry that shed light on legal issues related to growing, testing, labeling and retailing hemp and its extracts such as CBD. In this...more

Seyfarth Shaw LLP

False Advertising: Changing Your Business To Meet Market Needs During The COVID-19 Pandemic

Seyfarth Shaw LLP on

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

Akin Gump Strauss Hauer & Feld LLP

FDA Submits Progress Report on Policy Development Related to CBD Products

Thursday, March 5th, the Food and Drug Administration (FDA) submitted a report to Congress providing an update on FDA action to develop an enforcement discretion policy and evaluate potential regulatory pathways for consumer...more

Alston & Bird

Food & Beverage Digest - December 2019

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Take a spin through 10 key items from 2019, some...more

BCLP

What Rules Will Govern Claims Relating to CBD in Food, Beverages and Supplements?

BCLP on

Within the last two months, three class action lawsuits have been filed in federal courts against companies that sell ingestible products containing cannabidiol (CBD), a chemical compound found in the cannabis plant, alleging...more

Sheppard Mullin Richter & Hampton LLP

CBD Industry Beware: The False Labeling Class Action Has Arrived

Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget...more

Foley Hoag LLP - Cannabis and the Law

Steps FDA Can Take to Expedite Marketing CBD in Food and Dietary Supplements

The U.S. Food and Drug Administration (“FDA”) currently takes the position that cannabidiol (CBD) and other cannibinoids cannot be used in dietary supplements and food because of statutory provisions under the Federal Food,...more

Carlton Fields

How Half-Baked Labels Can Destroy a Cannabis Business

Carlton Fields on

Cannabis manufacturers and consumers are currently in a honeymoon phase. Consumers love their CBD gummies and believe wholeheartedly in the benefits of cannabis-related products. But it is only a matter of time before...more

Wilson Sonsini Goodrich & Rosati

FDA Signals a Deliberative Approach to Cannabis at Public Hearing

While it was ostensibly convened to gather scientific input from stakeholders on how to appropriately regulate cannabis-infused products, the Food and Drug Administration (FDA) also used the May 31, 2019 public hearing as a...more

Holland & Knight LLP

FDA Considering Changes to Regulation of CBD Products - Agency Holds Public Hearing on Cannabis to Gather Input from Stakeholders,...

Holland & Knight LLP on

• With the dramatic expansion of CBD products in the market, the U.S. Food and Drug Administration (FDA) is reviewing whether its current regulatory framework is appropriate, and if not, what modifications are needed. • The...more

McDermott Will & Emery

Learnings from the FDA Hearing on Cannabis and Cannabis-Derived Compounds

On Friday May 31, 2019, the Food and Drug Administration (FDA) held a public hearing on the topic of cannabis or cannabis-derived compounds. The FDA held the hearing to gather information regarding the safety risks and health...more

Perkins Coie

Food and Drug Administration Considers Pathway for Legalizing CBD at Public Hearing

Perkins Coie on

On May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food,...more

Mintz

FDA Silent on CBD Regulation at Cosmetics Conference, But Legislation May Be Imminent

Mintz on

Regulation of cannabidiol (CBD) was a hot topic on Day 1 of ACI’s Cosmetics & Personal Care Products conference on March 28, 2019. Attendees asked many questions about legitimate uses of and claims for CBD, but definite...more

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