fda ftc cbd

The FTC, CBD, Consumer Safety and Refunds

I’m guilty of dunking on the Federal Trade Commission (FTC) in the past for not doing more to protect cannabis consumers, despite the current federal illegality of cannabis. That may be changing, at least with respect to CBD consumers. Before diving into this latest development, I should mention that historically, cannabis is treated differently from

curaleaf

Oregon Cannabis: Did OLCC Let Curaleaf Skate?

Last summer, the Massachusetts based retailer Curaleaf mistakenly mixed-up THC with CBD at a bottling plant in Portland. Approximately 1,500 mislabeled bottles containing what the Oregonian describes as a “jumbo” dose of THC were shipped under the brand name Select and sold as containing only CBD. Although many of the bottles were recalled at the

wrigley

Cannabis Trademark Litigation: Wrigley Wins

A final judgment recently rendered in WM. Wrigley Jr. Company v. Roberto Conde, et al., is nothing short of a cautionary tale and a powerful reminder to cannabis companies: Parody is NOT a defense to trademark infringement in this type of commercial context. The parties We all know Wrigley – it’s a titan in the

cannabis alter ego liability

Cannabis Litigation: What is “Alter Ego” liability?

When going into business—whether cannabis or otherwise— the first step is to create a business entity. (This seems obvious but still eludes many in the cannabis industry.) One of the principal purposes of establishing a business entity to limit the personal liability exposure of the founders. Typically, the business entity itself and not the investors,

cannabis patent litigation

Utility Patent Owner Targets Cannabis Producer

While patent protection has been generally available for some time now, we’ve covered why patent protection has been largely limited for the cannabis industry (see this post). However, that isn’t going to stop patent infringement actions from reaching cannabis businesses, as can be seen from a recent case filed by a greenhouse builder. The complaint

smokable hemp ban

Texas Supreme Court upholds smokable hemp ban

The Texas Supreme Court recently upheld the state’s smokable hemp ban. This is bad news for the smokable hemp industry inside and outside of Texas. Today, we’ll look at what happened. As our readers know, the federal 2018 Farm Bill classified “hemp” as an agricultural product and removed hemp from schedule I of the federal

trademark infringement litigation

Trademark Infringement Litigation Case Study: Uncle Bud’s

On the heels of our recent intellectual property webinar (a replay is available here!), we received some requests for real world examples of how trademark infringement litigation plays out in the courts. Luckily (or unluckily, depending on how you see things), trademark infringement litigation cases are filed on an almost daily basis throughout the country,

cannabis litigation

Affirmative Defenses to Breach of Cannabis Contract Claims

In almost every cannabis litigation webinar we’ve done, and in many of our past posts discussing breach of cannabis contracts (the general breakdown of this claim is here), we’ve stressed the importance of memorializing good cannabis business agreements – in writing – to save yourself from potential or protracted litigation down the line. Still, even

constitutional lawsuit end federal cannabis prohibition

Here We Go! The Latest Lawsuits to End Federal Prohibition

High profile lawsuits to end cannabis prohibition are nothing new. We’ve covered efforts going back several years, though none of these has succeeded. A recently announced attempt, though, may be the best chance yet– especially given the changing environment with cannabis legalization in so many states; and especially given Constitutional jurisprudence relevant to those changes.