California, FDA, Federal law and policy, Hemp/CBD June 13th, 2020
I recently teamed up with my colleagues Hilary Bricken and Griffen Thorne to put on a free webinar answering all of your pressing questions about cannabis legal issues in California. (Check out the replay here.) The response was overwhelmingly positive, and we received a lot of great questions that we weren’t able to get to […]
Lawyers are used to selling services. For the past year-and-a-half, we have been selling a product as well. That product is an exhaustively researched and continuously updated 50-state survey of Hemp CBD rules and regulations. The survey is broken down by category: ingestible, smokable and cosmetic CBD products. Before we get too far into how […]
Business Basics, FDA, Hemp/CBD May 21st, 2020
On May 20, 2020, Marijuana Moment reported on a new development on the Food and Drug Administration’s (FDA) position on hemp-derived cannabidiol (Hemp CBD). The article centers on the following tweet from the FDA: Summitt Labs Issues Voluntary Nationwide Recall of KORE ORGANIC Watermelon CBD Oil Due to High Lead Results https://t.co/y2oklEZzx4 pic.twitter.com/1SlB9mnhLI — U.S. […]
FDA, Hemp/CBD, Intellectual Property/Branding May 4th, 2020
It’s been a while since we’ve gone over the basics regarding how hemp-CBD companies should be strategizing to protect their brands. Last year, the United States Patent and Trademark Office (USPTO) issued Examination Guide 1-19: Examination of Marks for Cannabis and Cannabis-Related Goods and Services After Enactment of the 2018 Farm Bill. The guide provided […]
FDA, Federal law and policy, Hemp/CBD, Litigation April 29th, 2020
The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even […]
We advise many of our clients, and particularly our clients the CBD and skincare spaces, on how to navigate the complex state and federal regulations that apply to marketing and labeling their products. And one of the persistent concerns we address from clients in this industry is how to run a compliant business that does […]
FDA, Hemp/CBD, Legal Issues April 3rd, 2020
Unfortunately, in times of crisis and hardship there will always be companies attempting to take advantage of people, playing off of fear and desperation. Earlier this month, the FDA sent out a round of warning letters to companies that were selling fraudulent COVID-19 products. We’ve written extensively about what CBD companies should not do if […]
The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp […]
On March 5, 2020, the Food and Drug Administration (FDA) issued a report to Congress on how the agency intends to regulate hemp-derived CBD (Hemp CBD). The report was accompanied by a press release from the FDA. The report states that the FDA will continue to work on a regulatory framework for Hemp CBD but […]
FDA, Federal law and policy, Hemp/CBD March 7th, 2020
While the U.S. Food and Drug Administration (“FDA”) continues to drag its feet in forging a clear path for the sale and marketing of hemp-derived cannabidiol (“Hemp CBD”) products, foreign agencies and industry players are leading the way by adopting their own sets of regulations. Last week, giant beauty retailer Sephora announced it was now […]
