News & Analysis as of

Marketing Cannabidiol (CBD) oil

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

Mintz - Health Care Viewpoints

Those Aren’t Doritos: FTC and FDA Send Warning Letters to Companies Marketing Delta-8 Infused Munchies

The Federal Trade Commission’s (FTC) recent press release marks a continuation in government action against manufacturers of products infused with delta-8 tetrahydrocannabinol (delta-8).  In May 2022, the U.S. Food and Drug...more

Kaufman & Canoles

FDA Increases Warning Letter Campaign Against CBD Companies

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In November the Food and Drug Administration (FDA) issued letters to various companies selling products contained cannabidiol (CBD), citing concerns that certain products may appeal to children. These CBD infused foods...more

Bradley Arant Boult Cummings LLP

Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer Confusion May Signal a Shift in Government Enforcement

FDA warning letters are nothing new in the cannabis industry. In fact, we here at Budding Trends have covered this topic a number of times (here, here, and here). Not resigned to playing the hits, however, the FDA issued a...more

Goodwin

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

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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

Womble Bond Dickinson

[Webinar] The Buzz on Understanding the FDA Regulatory Landscape for Cannabis - October 5th, 12:00 pm - 1:00 pm EDT

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In this webinar, we’ll discuss what we know about FDA regulation of cannabis and cannabis-derived products and look at trends in recent FDA enforcement over CBD products. Topics include: - Pathways for FDA...more

Womble Bond Dickinson

Six Things You Need to Know About CBD and Other Hemp-containing Pet Products

Womble Bond Dickinson on

The trend toward state-level legalization of cannabis has led to a surge in cannabis-derived products and a continually evolving market with many types of cannabis products for people as well as their pets. Analysts predict...more

Kelley Drye & Warren LLP

CBD and Hemp Legal and Regulatory Roundup – July 23, 2021

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD - Iowa Court of Appeals upholds state’s view of CBD as controlled substance - The Iowa Appeals Court sided with the Marion Civil...more

Kelley Drye & Warren LLP

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – May and June 2021

The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes.  Messy...more

Steptoe & Johnson PLLC

Senators Introduce Law Providing Legal Pathway for CBD Products

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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

Cozen O'Connor

FTC Continues Crackdown On Fake Claims About CBD

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The Federal Trade Commission (“FTC”) reached a settlement with cannabidiol (“CBD”) products retailer Kushly Industries LLC and its sole officer (collectively, “Kushly”) to resolve allegations that Kushly made unsubstantiated...more

BakerHostetler

AD-ttorneys@law – April 2021 #1

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Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021: Watching the Pot™

Naughty With Nature - Last week, the FDA issued two warning letters to companies selling drugs where CBD is listed as an ingredient on the label. The FDA’s “naughty list” of companies manufacturing CBD-ingredient drugs is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

Mintz - Health Care Viewpoints

CBD Regulatory Enforcement Continues with Over-the-Counter CBD Pain Relief Products

Enforcement by the Food and Drug Administration (FDA) against cannabidiol (CBD)-containing products continues through the issuance of two new warning letters. On March 22, 2021, FDA published a press release cautioning...more

Husch Blackwell LLP

FDA Issues Warning Letters On Marketing And Sale Of OTC CBD Products

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The U.S. Food and Drug Administration (FDA) issued Warning Letters this month to two companies concerning the marketing and sale of over-the-counter (OTC) drug products containing cannabidiol (CBD) as an inactive ingredient....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

Cozen O'Connor

Anti-Discrimination Clarification From CFPB | $110 Million Charity Scam | Deceptive Claims re: CBD Cures

Cozen O'Connor on

2022 AG Elections- Kansas Attorney General Eyes Governor’s Mansion- •Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022. •Schmidt, who first assumed the AG’s office in...more

Rivkin Radler LLP

CBD Health Claims Raise FTC’s Hackles (And Prompt Class Action Suits)

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Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could...more

BakerHostetler

AD-ttorneys@law – March 2021 #1

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Sean Combs Opens New Front in War Against GBG Sean John - Accuses majority holder of using election-related trademarks to sell goods - Puffy Prologue - The lawsuit between Sean John Combs (AKA Puff Daddy, AKA P. Diddy, AKA...more

Hogan Lovells

FDA signals uptick in enforcement with market sweep on depression claims

Hogan Lovells on

On 19 February, 2021 the U.S. Food and Drug Administration (FDA) announced warning letters to ten companies for selling dietary supplements that claim to cure, treat, mitigate, or prevent depression and other mental health...more

Husch Blackwell LLP

CBD Companies Now Facing Monetary Penalties For Deceptive Marketing, Will Civil Liability Follow?

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The Federal Trade Commission (“FTC”) has joined the U.S. Food and Drug Administration (“the “FDA”) in enforcing laws related to marketing CBD products. The FDA has historically issued warning letters and pursued companies...more

Bradley Arant Boult Cummings LLP

Operation CBDeceit Highlights Risks of CBD Health Claims

Mahatma Gandhi once said that “[i]t is health that is the real wealth, and not pieces of gold and silver.” For the six sellers of CBD-containing products targeted by the Federal Trade Commission last week, health claims will...more

Dorsey & Whitney LLP

#AdLaw - A Quick Wrap-Up From The 2020 ANA/BAA Marketing Law Conference

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Last week we quickly pivoted from watching the 24/7 “Map Show” to spending our screen time learning at the ANA 2020 Marketing Law Conference. It was a great three days in Chicago in our pajamas of educational seminars....more

BakerHostetler

AD-ttorneys@law: CBD Marketing: A Path Through the Legal Fog

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Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read...more

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