News & Analysis as of

Cannabidiol (CBD) oil False Advertising Cannabis Products

Seyfarth Shaw LLP

THC Found in CBD Tincture ‘Sparks’ Statutory Debate: SCOTUS Permits Fired Employee To Sue Cannabis Businesses Under CIVIL RICO Law

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In Medical Marijuana, Inc. et al v. Horn, 604 U.S. ___ (2025), the Supreme Court of the United States (SCOTUS) engaged in a lively statutory interpretation debate over the reach of the civil provisions of the Racketeer...more

BakerHostetler

Advertising and Regulation of CBD Products

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​​​​​​​If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill...more

Bradley Arant Boult Cummings LLP

Same As It Ever Was: FDA Reiterates That CBD Cannot Be Included in Food or Dietary Supplements

While we enter a new season this week, the same cannot be said for the FDA which, on November 16, reiterated that its approach to regulating the cannabidiol (CBD) industry will be “the same as it ever was”—a regulatory...more

BCLP

Fast Growing CBD Market Continues To Create Regulatory Challenges and Litigation Opportunity

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CBD and CBD-containing products are ubiquitous, yet there is significant misunderstanding about their regulatory status. CBD is cannabidiol, one of more than a hundred different active compounds that can be derived from the...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

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

Patterson Belknap Webb & Tyler LLP

Courts Say CBD-Product False Ad Actions Should Mellow During FDA Rulemaking Process

Over the past few months, federal courts throughout the country have stayed litigation challenging the labeling of products infused or made with cannabidiol, better known as CBD. These courts, acknowledging that labeling and...more

Kelley Drye & Warren LLP

Third CBD False Advertising Case Halted this Year Pending FDA Review

On June 15, the Eastern District of California, Judge Morrison J. England, granted CBD retailer Global Widget, LLC’s (“Global Widget”) request to stay the case of Glass v. Global Widget LLC, Case No. 2:19-cv-01906 (E.D. Cal.)...more

Bilzin Sumberg

A Budding Opportunity—Why the CBD Industry Requires Regulation

Bilzin Sumberg on

Manufacturers, distributors, and suppliers of CBD products should embrace and participate in reform to address public health concerns, write Bilzin Sumberg attorneys. Consumer groups like the Arthritis Foundation are stepping...more

Stinson LLP

CBD Industry Experiences Wave of New Consumer Lawsuits

Stinson LLP on

The cannabidiol (CBD) industry has been on the receiving end of over a half dozen new consumer class actions in recent weeks, which is likely only the beginning for the emerging industry....more

Brownstein Hyatt Farber Schreck

Cannabis Companies Face Increasing Consumer Protection Scrutiny

Even as the U.S. Department of Agriculture released its interim rule for the domestic production of hemp, the last few months should stand as a strong reminder to the industry: in addition to complying with new rules and...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

Patterson Belknap Webb & Tyler LLP

CBD: The Next Cure-All—and the Next Frontier for False Advertising Litigation?

Cannabidiol—better known as “CBD,” a cannabis-derived compound—is one of the latest crazes in the consumer packaged goods industry. CBD sales are expected to top $5 billion in 2019—a 700% increase from 2018—and reach $24...more

Carlton Fields

CBD Health Claims Spur FDA Warning & Product Seizure Threats

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The 2018 Farm Bill gave cannabis businesses around the country a legal path to market and sell hemp and hemp-derived products. Despite the groundbreaking law, several regulatory uncertainties remain. The FDA has been a source...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019

The Cannabis Conundrum: The Evolving Landscape & Risk Mitigation for Hemp & CBD - The cannabis industry, including marijuana, hemp and cannabidiol (CBD), is complex and rapidly evolving. Shook Partners Mike Barnett,...more

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