News & Analysis as of

Labeling Cannabis-Related Businesses (CRBs)

Stark & Stark

Dark Side of Cannabis: Personal Injury Risks and Consumer Protection Lawsuits Arising from Mislabeling, Testing Fraud, and Potency...

Stark & Stark on

The cannabis industry has undergone a rapid transformation over the past decade, spurred by evolving federal and state legislation. Yet, beneath the promise of legalization and medical innovation lies a growing public safety...more

Bradley Arant Boult Cummings LLP

Wait? My CBD Business May Be Racketeering? A Potential Existential Crisis We Have Been Warning About

Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments...more

Husch Blackwell LLP

A Cannabis Pivot to Smokable Herbs

Husch Blackwell LLP on

As the cannabis industry continues to navigate choppy economic and legal waters into 2024, some cannabis companies are pivoting to the smokable herbs market. And I do not mean to those hemp-derived intoxicating cannabinoids...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Brands Beware – Branding/White Labeling in New York Requires Application Submittal by December 18, 2023

While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into...more

Perkins Coie

Cannabis Legal Report - July 2023

Perkins Coie on

FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles - On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more

Vicente LLP

5 Things to Know About New California Cannabis Packaging and Labeling Regulations, Inhalable Products, and Recycling Claims in...

Vicente LLP on

At the end of 2022 and the beginning of 2023, several notable changes in California cannabis law took effect—many of which we covered in our November 2022 California Regulatory Update webinar. As we look to 2023 and beyond,...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Control Board Approves Regulations & Application for Conditional Adult-Use Retail Dispensary Licenses

It’s official: New York’s first cannabis dispensaries will be owned by social equity applicants who have prior cannabis-related convictions. During Thursday’s meeting, the Cannabis Control Board (“CCB”) voted to adopt...more

Fox Rothschild LLP

Minnesota CBD – 5mg THC per serving; 50mg THC per package

Fox Rothschild LLP on

Changes regarding cannabis law in Minnesota are underway as HF3595 passed as part of an amendment to HF4065 in both the House and Senate and the bill was signed by Governor Tim Walz (D) on June 2, 2022. HF3595 sets out to...more

Vicente LLP

New York's Proposed Sustainable Packaging Requirements: Is it Enough?

Vicente LLP on

With the New York Cannabis Control Board's (CCB) recent release of draft regulations to address packaging, advertising, and testing labs, the CCB also included progressive requirements around the mandatory use of sustainable...more

Vicente LLP

What Will Adult-Use Cannabis Products Look Like In New York? Draft Regulations Approved for Packaging, Labeling, Marketing and...

Vicente LLP on

What will adult-use cannabis products look like in New York? As of June 1, 2022, we can finally answer that burning question. The NY Cannabis Control Board voted yesterday to approve draft regulations for Adult-Use Packaging...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

Harris Beach Murtha PLLC

New York State Office of Cannabis Management Adopts Final Hemp Regulations

Harris Beach Murtha PLLC on

On November 24, 2021, the New York state Office of Cannabis Management (OCM) published a Notice of Adoption of the long-awaited hemp regulations. The regulations are codified at 9 NYCRR Part 114, titled “Cannabinoid Hemp.”...more

Goodwin

California Finally Breaks From FDA On CBD: Governor Newsom Signs AB-45

Goodwin on

On October 6, 2021, California Governor Gavin Newsom signed AB-45, creating an explicit framework for the manufacture and sale of hemp-derivative products in the state of California. While hemp was legalized at the federal...more

Tonkon Torp LLP

Plan Ahead For Increase In THC Package Limits

Tonkon Torp LLP on

Starting in January 2022, the amount of THC allowable in edibles sold through a retail store will raise to 100 mg of THC per package, which is double the previous per-package limit of 50 mg. This is great news for consumers...more

Vicente LLP

Cannabis Administration And Opportunity Act: What The Proposed Federal Cannabis Laws Would Mean For Hemp

Vicente LLP on

On July 14, 2021, Senators Chuck Schumer (D-NY), Ron Wyden (D-OR), and Cory Booker (D-NJ) released the discussion draft of historic federal cannabis legalization legislation, the Cannabis Administration and Opportunity Act...more

Vicente LLP

Protecting Your CBD Business From Product Liability Lawsuits

Vicente LLP on

With any new consumer product craze, lawsuits will inevitably follow. The hemp-CBD industry is no exception. The current wave of CBD-related lawsuits has primarily been product liability claims. As no company wants to...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

Husch Blackwell LLP

CBD Companies Now Facing Monetary Penalties For Deceptive Marketing, Will Civil Liability Follow?

Husch Blackwell LLP on

The Federal Trade Commission (“FTC”) has joined the U.S. Food and Drug Administration (“the “FDA”) in enforcing laws related to marketing CBD products. The FDA has historically issued warning letters and pursued companies...more

Harris Beach Murtha PLLC

More CBD Certainty: Clearing Confusion over Hemp in New York State

Harris Beach Murtha PLLC on

This fall, New York state released long-awaited proposed regulations for the hemp industry that shed light on legal issues related to growing, testing, labeling and retailing hemp and its extracts such as CBD. In this...more

Perkins Coie

New DEA Rule May Threaten CBD Manufacturing

Perkins Coie on

A forthcoming rule from the U.S. Drug Enforcement Agency (DEA) has caused considerable concern within the cannabidiol (CBD) industry. The anticipated rule relates to the distinction made in the 2018 Farm Bill that removed...more

Foley Hoag LLP - Cannabis and the Law

Massachusetts Regulators Seek Input on Regulatory Changes for Both Adult Use and Medical Marijuana

The Massachusetts Cannabis Control Commission has published an ambitious regulatory update of both adult use regulations at 935 CMR 500.000, medical marijuana establishment regulations at 935 CMR 501.000, and co-located...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

Bradley Arant Boult Cummings LLP

The Beginning of the End or the End of the Beginning? The FDA Issues 15 New Warning Letters to CBD Companies - Cannabis Industry...

The U.S. Food and Drug Administration (FDA) sent a shot across the bow of the cannabidiol (CBD) industry on November 25. The FDA disclosed that it issued warning letters to 15 companies “for illegally selling products...more

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