Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior Update, the state had finalized regulations. Now, the state has licensed its first psilocybin service...more
7/14/2023
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) issued Directive 7800.1 on June 21, 2023, providing further insight into the agency’s inspection and verification activities for the...more
Coalition Forms To Influence Scheduling Review Process -
As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kasama Brand v. KSF Acquisition Corp. dba Slimfast, No. 3:22-cv-00392-LAB-JLB (S.D. Cal. –...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more
6/1/2023
/ Breach of Warranty ,
Dismissals ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Fraud ,
Marketing ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Putative Class Actions ,
Regulatory Requirements
Legislators in California and New York have proposed bills to ban five food additives that have purportedly been linked to health concerns such as cancer, neurodevelopmental issues, and hormone dysfunction. The five...more
Two recent developments at the federal level are intended to encourage more food donations. First, President Biden signed the Food Donation Improvement Act (FDIA), which expands Good Samaritan liability protections. Second,...more
Attorney General Garland Testifies Before Senate Judiciary Committee -
U.S. Attorney General Garland testified before the Senate Judiciary Committee on March 1, 2023. In response to a question from Sen. Cory Booker (D-NJ),...more
3/21/2023
/ Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Food and Drug Administration (FDA) ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Proposed Regulation ,
State and Local Government ,
THC
Cannabis: In Focus -
- DEA Classifies Two Lab-Derived Cannabinoids as Schedule I
- Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more
3/7/2023
/ Appeals ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Litigation ,
DEA ,
Dismissals ,
Food and Drug Administration (FDA) ,
Investors ,
Licenses ,
Marijuana ,
Non-Residents ,
Schedule I Drugs ,
THC ,
Washington
The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or...more
2/6/2023
/ Cannabis Products ,
Clinical Trials ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
New Guidance ,
NIDA ,
Regulatory Standards ,
Research and Development ,
THC
FDA Rejects Citizen Petitions, Declines To Regulate CBD as a Dietary Supplement -
The U.S. Food and Drug Administration (FDA) announced its conclusion that a new regulatory pathway for cannabidiol (CBD) is needed on...more
2/3/2023
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cause of Action Accrual ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dismissals ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
Marijuana ,
Marijuana Cultivation ,
Proposed Regulation ,
Recreational Use ,
RICO ,
Virgin Islands
Earlier this month, the medical journal Pediatrics published a new study analyzing reports of accidental child exposure to cannabis edibles from 2017 – 2022, finding that the number of young children accidentally ingesting...more
Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal...more
1/27/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
Licensing Rules ,
Manufacturers ,
New Legislation ,
New Regulations ,
Oregon ,
Regulatory Agenda ,
Schedule I Drugs ,
State and Local Government
New York City Attempts to Crack Down on Illicit Cannabis Market -
During a council hearing on Jan. 18, 2023, New York City lawmakers and law enforcement officials discussed the need for tackling the city’s illicit cannabis...more
1/25/2023
/ Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
Federal Reserve ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Benefits ,
New Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
Warning Letters
Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more
1/19/2023
/ Disclosure Requirements ,
Employee Training ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Grocery Stores ,
Hospitality Industry ,
Product Packaging ,
Regulatory Requirements ,
Restaurant Industry ,
Retail Market
Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion to the U.S. Food and Drug Administration’s (FDA) authority over cosmetics since 1938...more
1/9/2023
/ Advertising ,
Beverage Manufacturers ,
Chemicals ,
Consolidated Appropriations Act (CAA) ,
Cosmetics ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Manufacturers ,
PFAS ,
Proposed Regulation ,
Regulatory Requirements ,
Toxic Chemicals
As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s...more
On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC)...more
11/29/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Regulatory Agenda ,
THC
Cannabis Testing Companies Facing State Regulatory Scrutiny in Nevada and Florida -
FDA Appoints Former State Cannabis Policy Regulator as New Cannabis Advisor -
DOJ Responds to Florida Lawsuit Challenging Federal...more
In late July, the U.S. House of Representatives passed H.R. 8454, the Medical Marijuana and Cannabidiol Research Expansion Act (Research Expansion Act). A similar version of the bill, S. 253, passed the Senate earlier this...more
8/16/2022
/ Biden Administration ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Legalization ,
Medical Marijuana ,
National Institute of Health (NIH) ,
Proposed Legislation ,
Research and Development
More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular...more
Cannabis: In Focus -
• Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard
• Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more
6/7/2022
/ Cannabis Products ,
Convictions ,
Drug Possession ,
Food and Drug Administration (FDA) ,
IA Supreme Court ,
Intellectual Property Protection ,
Out-of-State Judgments ,
THC ,
Trademark Infringement ,
Trademarks ,
Validity
On May 26, the FDA issued warning letters to four companies alleging that the companies sold unapproved animal drugs containing cannabidiol (CBD). Specifically, these products were intended for use in food-producing...more
On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more
5/20/2022
/ Appeals ,
Controlled Substances ,
Farm Bill ,
Federal Trademark Register ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
New Legislation ,
New Regulations ,
Regulatory Oversight ,
State and Local Government ,
THC ,
Warning Letters
On May 13, the FDA issued a public warning regarding reports of accidental ingestion of food products containing tetrahydrocannabinol (THC) by children. The FDA warned that edible products containing THC “can be easily...more