cbd medical claims fda

The FDA Objects to the Sale and Marketing of Nasal, Ophthalmic and Inhalable CBD Products

On December 22, the Food and Drug Administration (the “FDA”) issued new warning letters to five companies that illegally sold and marketed unapproved CBD products, which the companies claimed could prevent, diagnose, mitigate, treat or cure various medical conditions. This latest round of enforcement actions was triggered by specific concerns with the manner in which

ftc cbd

FTC Cracking Down and Issuing Fines for Deceptive Claims by CBD Companies

On December 17, the FTC issued a press release announcing its first law enforcement crackdown on deceptive claims in the growing market for cannabidiol (CBD) products. According to the press release, a number of “companies made unsupported claims that their oils, balms, gummies, coffee, and other goods could treat serious diseases such as cancer and

New York Hemp

New York’s Proposed Hemp Products Rules: A Model for the Industry

On October 27, the New York Department of Health (the “DOH”) released much anticipated proposed rules to regulate the processing, manufacturing, sale and marketing of cannabinoid hemp products in the state (the “Rules”). In accordance with A08977, which Governor Andrew Cuomo enacted at the beginning of this year, the DOH was tasked with creating a

Psilocybin and New Drugs

The “Right to Try” Psilocybin and New Drug Therapies

I was talking to another lawyer about last week’s vote by Oregonians to legalize psilocybin therapy here in the state. We discussed how licensed facilities won’t be up and running for a few more years, and how, in the meantime, people will have to make do with general decriminalization under Measure 109 and maybe, in

Cannabis CBD gel in jar with cannabis leaf on hemp cloth burlap

CBD Cosmetics: Unregulated, Yes. Risk-Free, No.

It is well known by now that CBD-infused cosmetics represent the lowest level of risk for businesses. Indeed, CVS, Walgreens and Sephora are only a few of the major national retailers that now offer these products for sale. This is partially due to the fact that the Food and Drug Administration (FDA) and many state

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Hemp CBD Q&A – A Few More Questions and Answers

During the webinar we received more questions than we could answer, so today, we go over a few of these remaining questions. Does any state have a model law(s) governing the licensing of in-state hemp processors? Many states, including Oregon and Colorado, expressly regulate the processing of raw hemp. However, there is no uniform licensing

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A Bipartisan Bill Would Regulate Hemp CBD as a Dietary Supplement

Last week, Oregon Representative Kurt Schrader (D) and Virginia Representative Morgan Griffith (R) introduced The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 (“H.R. 8179”). If enacted in its current form, H.R. 8179 would legalize the manufacture, sale and marketing of hemp, hemp-derived cannabidiol and other hemp extracts (collectively referred to

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Hemp CBD Labeling Requirements: How to Mitigate Risk

Every week, clients ask us to review their hemp-derived cannabidiol (“Hemp CBD”) products to ensure “full compliance.” Unfortunately, given the patchwork of often conflicting state labeling laws, and the lack of a federal pathway for the sale and marketing of these products, it is virtually impossible for Hemp CBD stakeholders to meet compliance standards. Consequently,

Here Comes the First Approved MDMA (Ecstasy) Drug

Here Comes the First Approved MDMA (Ecstasy) Drug

Last week, the Multidisciplinary Association for Psychedelics Studies (MAPS) made a very big announcement: it had raised $30 million to complete its promising study of MDMA (ecstasy; molly) for treating post-traumatic stress disorder (PTSD). The Food and Drug Administration (FDA) already has granted MAPS “breakthrough therapy” approval based on earlier trials. With its recent cash

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NIST and FDA May Be the Cannabis Quality Assurance Heroes We Need

Over the years, we’ve pointed out when federal agencies opt to ignore the federal illegality of cannabis. It happens more often than you might think depending on the topic (see, for example, the NLRB). One agency, though, that has surprisingly never lifted a finger against state-legal cannabis–though it is taking a closer look at CBD–is