News & Analysis as of

Food and Drug Administration (FDA) Advertising Cannabis-Related Businesses (CRBs)

ArentFox Schiff

Non-Cannabis Brands Capitalizing on Cannabis Culture: Marketing Opportunities for 4/20 and Beyond

ArentFox Schiff on

As 4/20 approaches, the cannabis industry is aflame with trends and opportunities that extend beyond traditional boundaries. Recent insights reveal a dynamic shift in consumer behavior and consumption methods, offering an...more

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

Husch Blackwell LLP on

In the past couple of weeks, I have been contacted by a few major news outlets about the legality of “THC beverages“. While it sounds like you can only find these products in a state-licensed cannabis dispensary, reporters...more

Bradley Arant Boult Cummings LLP

To Reschedule or To Deschedule: That Is the (Marijuana) Question

Now that the dust is starting to settle on the recent news that the U.S. Department of Health and Human Services (HHS) has recommended to the U.S. Drug Enforcement Agency (DEA) that marijuana be moved from Schedule I to...more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

ArentFox Schiff on

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Health Claims Face Increased Scrutiny As More States Roll Out Recreational Dispensaries

As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it...more

Kaufman & Canoles

FDA Increases Warning Letter Campaign Against CBD Companies

Kaufman & Canoles on

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

BakerHostetler

Advertising and Regulation of CBD Products

BakerHostetler on

​​​​​​​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

Perkins Coie

FDA Issues New Warning Letters For Delta-8 and CBD Products

Perkins Coie on

Earlier today, May 4, 2022, the FDA issued warning letters to five companies selling products that contain delta-8 tetrahydrocannabinol (Delta-8 THC). Several of the companies also manufactured products containing...more

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

MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more

Bodman

The ABCs of CBD and Hemp: A Primer

Bodman on

Hemp and marijuana both come from the cannabis sativa plant but as a result of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), cannabis sativa with a THC content of less than 0.3% was removed from the federal...more

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

MarkIt to Market® - July 2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

Rivkin Radler LLP

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

Rivkin Radler LLP on

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

Seyfarth Shaw LLP

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

Seyfarth Shaw LLP on

Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...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

Sheppard Mullin Richter & Hampton LLP

FDA Issues Warning Letters to 15 Companies, Consumer Update on CBD Safety

On November 25, 2019, FDA issued Warning Letters to 15 companies illegally marketing cannabidiol (CBD) products. On the same day, U.S. Food & Drug Administration (FDA) published a revised consumer update, “What You Need to...more

Fisher Phillips

CBD In F & B

Fisher Phillips on

There’s a lot of confusion and questions about CBD products and what it means for CBD-related industries, especially those in the food and beverage industry. The Agricultural Improvement Act of 2018, also known as the “Farm...more

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