Nathalie Bougenies

Nathalie chairs the hemp CBD practice group and focuses her practice on health and wellness, in addition to corporate transactions and regulatory compliance. She enjoys building a deep understanding of our clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our overseas companies with their foreign direct investment into the United States and to help American companies with their overseas legal needs.

cbd food drink supplement

2021: The Year Hemp-Derived Foods and Dietary Supplements Become Lawful… Maybe.

It has been well over two years since Congress enacted the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), which legalized the commercial production of hemp and tasked the Food and Drug Administration (the FDA) with the regulation of hemp-derived products intended for human consumption. Nevertheless, the FDA has yet to carve a legitimate

washington d.c. cannabis

Is Cannabis Legal in D.C.?

I recently relocated to Washington, D.C. to join our East Coast practice group and have been inundated with inquiries surrounding the legal framework of recreational cannabis (i.e., marijuana and hemp) in the nation’s capital. So, in light of this overwhelming interest, I thought I’d briefly summarize this issue for our readers. Marijuana In November 2014,

new york cannabis hemp mrta

Will New York’s Cannabis Law Create Sweeping Changes for Its Hemp Industry?

On March 31, Governor Andrew Cuomo signed into law the much-anticipated “Marijuana Regulation and Taxation Act“ (the “MRTA”). You can find our ongoing coverage of all things MRTA here. What isn’t obvious from the title of this new law, however, is that it includes provisions that may change how the state will eventually regulate its

Not All CBD Topicals Are Treated Equal

Not All CBD Topicals Are Treated Equal

Last week, the Food and Drug Administration (“FDA”) released its latest round of warning letters to “cannabidiol” (“CBD”) companies. In letters dated March 15 and March 18, the FDA took issue with the sale and marketing of topicals commonly known as  “over-the-counter” (“OTC”) (i.e., non-prescription) drug products that listed CBD as an “inactive ingredient,” yet

novel food cbd study

Largest Human Trial to Date Will Review Safety of Full Spectrum Hemp Products

In January 2019, the European Union (EU) reclassified extracts of Cannabis sativa L. and derived products containing cannabinoids, including CBD, as “Novel Food” under the EU Novel Food Catalogue. The reclassification was based on the lack of demonstrated history of human consumption of these extracts and of any product to which they might be added.

delta 8 thc fda legal

Is Delta-8 THC a Controlled Substance? Yes. No. Maybe.

As anticipated, Delta-8 tetrahydrocannabinol (“Delta-8 THC”) has become the hottest, most flourishing cannabinoid currently found on the U.S. market. In the past few months, the sales of Delta-8 THC products have exploded, representing the fastest growing segment of hemp-derived products. Yet, despite its growing popularity, the legality of Delta-8 THC, including that of Delta-8 THC

FDA FTC CBD Enforcement

Will the FTC Adopt Less Stringent Substantiation Requirements for CBD Claims?

If you follow our blog, you know we keep a close eye on enforcement actions taken by the Food and Drug Administration (the FDA) and the Federal Trade Commission (the FTC or the Commission) against companies selling and marketing cannabidiol (CBD) products. Back in December, we discussed the FTC’s decision to adopt new and more

european union cannabis cbd

EU Adds CBD to Its List of Legal Cosmetic Ingredients

On February 4, the European Union (EU)’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs added cannabidiol (CBD) “derived from extract or tincture or resin of cannabis” as a legal cosmetic ingredient to its CosIng guidelines. CosIng is a database of cosmetic regulations that expressly provides for authorized and unlawful ingredients and sets forth their

usda hemp final rule

USDA Hemp Final Rule: Hits and Misses

Last Friday, January 15th, the U.S. Department of Agriculture (the “USDA”) announced today’s publication of its hemp production final rule in the Federal Register, which will go into effect on March 22, 2021. This final rule builds on the interim final rule (the “IFR”) that was published on October 31, 2019. It includes revisions based

Michigan Cannabis CBD

Michigan Authorizes Veterinarians to Discuss the Therapeutic Use of CBD with Pet Owners

On the last day of 2020, Michigan Governor Gretchen Whitmer signed into law a piece of legislation (“HB 5085”) that gives veterinarians permission to discuss the potential therapeutic benefits and risks of using marijuana and hemp, especially cannabidiol (“CBD”), with pet owners. The statutory language is sparse but its legislative analysis explains that HB 5085