News & Analysis as of

Enforcement Actions Cannabis Products Cannabidiol (CBD) oil

Husch Blackwell LLP

When Less Isn’t More: the Texas Hemp Ban and the Risks of Unregulated Markets

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Late last Wednesday evening the Texas House of Representatives dealt the hemp industry in the Lone Star State what can only be described as a Texas size heartache with the passage of Senate Bill 3 (SB3), effectively banning...more

Bradley Arant Boult Cummings LLP

Goin’ Down South: How the Southeastern U.S. Became the Current Hotbed of Cannabis Activity

Part of the reason we started a Cannabis Industry team at a Southeastern-based law firm before any Southeastern state had adopted a marijuana program was because we had a hunch that the expansion of cannabis would eventually...more

Hogan Lovells

FDA signals uptick in enforcement with market sweep on depression claims

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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

Farella Braun + Martel LLP

Cannabis and Hemp-Derived Products Subject to New Proposition 65 Warning Requirements in California

California’s regulatory framework for cannabis and hemp-derived products, including CBD, continues to evolve, most recently via updated Proposition 65 warning requirements that came into full effect Jan. 3, 2021. As of that...more

Foley & Lardner LLP

The Grace Period for Proposition 65 Cannabis and CBD Reproductive Harm Warning Expired On January 3 – Are Your Labels Compliant?

Foley & Lardner LLP on

New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...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

The Rodman Law Group, LLC

FTC Sues Company for Unsubstantiated Claims

The FTC’s late April move marks a crucial departure in previous federal enforcement actions. On April 24, 2020, the Federal Trade Commission (“FTC”) filed a complaint in federal court as well as an administrative complaint...more

King & Spalding

FDA Releases Progress Report Regarding Enforcement Discretion Policy on Hemp-Derived Cannabidiol (CBD)

King & Spalding on

Last week, FDA submitted a report to Congress detailing the Agency’s progress on developing an enforcement discretion policy (i.e., a policy of not taking enforcement action) on hemp-derived cannabidiol (CBD). At the same...more

Perkins Coie

FDA Releases Report to Congress Regarding CBD

Perkins Coie on

The federal Food and Drug Administration (FDA) just released a report to Congress regarding the agency’s progress toward comprehensive regulation of hemp-derived cannabidiol (CBD). The report echoes the hard-line approach to...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

Seyfarth Shaw LLP

The Week in Weed: January 2020 #4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. The big news in cannabis this week comes from New Mexico.  Legislation introduced last Thursday would legalize...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

Seyfarth Shaw LLP

The Year in Weed: 2019 Edition

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Welcome to The Week in Weed’s look back at the news of 2019; whether the year has flown by or seemed to last forever, it’s (almost) over now.  In tribute to Dave Barry and his always hilarious Year in Review, we’ll organize...more

Ward and Smith, P.A.

Class is in Session: CBD Class Action Lawsuits are Trending Up

Ward and Smith, P.A. on

Products containing hemp-derived cannabidiol ("CBD") have become incredibly popular in the United States, with new product brands entering the market seemingly every day. Consumer demand and public interest in those products...more

Seyfarth Shaw LLP

The Week in Weed: December 2019

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. New Jersey is talking about decriminalizing marijuana. Regular readers will doubtless recall that legalization...more

Seyfarth Shaw LLP

FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

Seyfarth Shaw LLP on

In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products...more

Ward and Smith, P.A.

FDA Issues Warnings to 15 Companies for Illegally Selling Products Containing CBD

Ward and Smith, P.A. on

On November 25, 2019, the U.S. Food & Drug Administration ("FDA") published a press release, published a revised Consumer Update, and announced the issuance of new warning letters to 15 companies for illegally selling and...more

Faegre Drinker Biddle & Reath LLP

FDA Issues Warnings Over Illegal Sale of CBD

On Monday, the Food and Drug Administration (FDA) issued its single largest group of enforcement warning letters against 15 companies selling dietary supplements. This represents nearly one-third of the total FDA warning...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2019

LEGISLATION, REGULATIONS & STANDARDS - House Passes Cannabis Banking Bill - The U.S. House of Representatives has passed the SAFE Banking Act, which allows financial-service firms to work with “cannabis-related...more

Seyfarth Shaw LLP

FTC Issues Additional Three Warning Letters to CBD Companies

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On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to...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

Akin Gump Strauss Hauer & Feld LLP

Podcast: CBD, THC, FDA – What You Need to Know About Cannabis and Its Regulation

In this episode, Akin Gump health care and life sciences partner Howard Sklamberg discusses the history and status of cannabis regulation and enforcement in the U.S., particularly of cannabidiol, or CBD. Among the topics...more

Robinson+Cole Health Law Diagnosis

CBD Update: FDA Issues Statement, Calls Public Hearing, and Announces Warning Letters on Products Containing Cannabis and its...

On April 2, 2019, the Federal Food and Drug Administration (FDA) issued a statement and announced a public hearing on consumer products derived from cannabis and its components, including cannabidiol (CBD). ...more

Holland & Knight LLP

FDA Issues Statement on Cannabis Regulation and Announces Public Hearing

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On April 2, 2019, FDA outlined new steps to advance review of potential regulatory pathways for cannabis-containing and cannabis-derived products. In a statement issued by Commissioner Scott Gottlieb, released in conjunction...more

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