News & Analysis as of

Food and Drug Administration (FDA) Marijuana Advertising

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

Knobbe Martens

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

Knobbe Martens on

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

Cozen O'Connor

The State AG Report – 7.18.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Gasoline Trading Firms to Pay $50 Million to Settle...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

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

Mintz - Health Care Viewpoints

FDA Expresses Displeasure with Consumer Products Containing Trendy Cannabis Ingredient Delta-8 THC

On May 4, 2022, the U.S. Food and Drug Administration (FDA) for the first time issued warning letters related to products containing delta-8 tetrahydrocannabinol (delta-8 THC). FDA has previously sent warning letters to...more

Vicente LLP

Financing Adaptogenic Mushroom Companies: Seven Basic Regulatory Points to Understand

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Aside from a small number of companies the FDA has permitted to pursue the development of psilocybin therapies (e.g., Compass), the majority of psychedelic mushroom sales in the U.S. currently violate both state and federal...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

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

Perkins Coie

Multiple CBD Class Actions Filed With More Expected

Perkins Coie on

On the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that that...more

Seyfarth Shaw LLP

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

Seyfarth Shaw LLP on

Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

Cannabis Industry Says ‘Please, No Department of Weed’ - Recommends structure based on existing regulators - Token Humor - No more marijuana jokes. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l September 2019

LEGISLATION, REGULATIONS & STANDARDS - FTC Issues Warning Letters to CBD Companies - The U.S. Federal Trade Commission has announced that it sent warning letters to three companies selling “oils, tinctures, capsules,...more

Bradley Arant Boult Cummings LLP

The FTC Issues Three New Warning Letters to CBD Companies Regarding Health Claims in Advertising - Cannabis Industry News Alert

On Tuesday, the Federal Trade Commission (FTC) sent warning letters to three companies that sell cannabidiol (CBD) products regarding the health claims found in the companies’ advertisements. The FTC did not make the letters...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

Oh, (No) Snap! CARU Praises Snapchat for Safeguarding the Underaged - Company’s response is more than just an age-gate and an indifferent shrug - Singing Praises - The Children’s Advertising Review Unit’s (CARU) paean...more

Davis Wright Tremaine LLP

CBD and Cannabis Related Advertising – Trends and Takeaways

The Food and Drug Administration’s (FDA) recent enforcement action against cannabis and CBD producer Curaleaf exemplifies the need for awareness and understanding of the federal and state laws applicable to advertising these...more

McDermott Will & Schulte

FDA 2018 Year in Review

INTRODUCTION - The US Food and Drug Administration’s (FDA’s) 2018 regulatory agenda spurred significant activity throughout the year, including implementation of several initiatives and mandates required by the 21st...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

Once completely obscure, fidget spinners are now a thing. Meaning that their existence, if not their actual purpose, has become known to you. Dubbed by The New York Times “a Hula Hoop for Generation Z,” the fidget spinner...more

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