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Hemp / CBD

Hemp CBD Labeling
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The Complicated Landscape of Hemp CBD Labeling

We provide vital guidance for navigating federal and state laws and regulations.

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FDA Regulations

The complicated and politically charged landscape of federal and state laws and regulations governing Hemp CBD-derived products requires businesspeople tread carefully in every area of operations, from manufacturing to packaging and labeling to sales and marketing and order fulfillment.

Following the enactment of the Agriculture Improvement Act of 2018 (a.k.a. the 2018 Farm Bill), the United States Food and Drug Administration (FDA) issued a statement declaring unlawful the sale and marketing of conventional foods and dietary supplements infused with hemp-derived cannabidiol (Hemp CBD).

In spite of the FDA’s stance, many states have legalized the manufacture and/or sale of Hemp CBD-derived products, passing legislation that in many cases is inconsistent with the FDA’s position and policies.

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Navigating Federal and State Laws

This disconnect between federal and state laws and policies creates significant risk management challenges for Hemp CBD businesses, which need to become expert in laws and regulations across multiple jurisdictions.

In addition to imposing manufacturing and testing requirements, many states that allow or regulate the manufacture, distribution, marketing or sale of Hemp CBD products require product labels contain jurisdiction-specific information. A complicated patchwork of state regulations forces manufacturers, distributors, marketers, and sellers of Hemp CBD products to implement different labeling and marketing protocols in each market in which products are sold and marketed. The need to adhere strictly to labeling regulations has been reinforced by a recent uptick in lawsuits against Hemp CBD companies for alleged mislabeling and deceptive marketing.

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Our Clients' Successes

“Harris Bricken expertly guided us through the formation of our company. They continue to assist with necessary registrations and compliance with numerous regulations. They were able to promptly answer all our many questions and provide understandable options, explanations and practical advice. We expect to continue to use Harris Bricken on a regular basis as our company expands. They were also able to introduce us other professional experts. We would not hesitate to recommend Harris Bricken to any companies in need of legal advice.”

user icon Three Continents Foods LLC

This law firm was a huge help as our company went through the process of commercial licensing in the California cannabis industry.  They have helped us with a variety of legal issues in a timely fashion, while clearly communicating with us throughout the process.  Everyone we’ve worked with at Harris Bricken is an expert in their field and we have always felt that we were in good hands through our legal representation.

user icon Wil Crummer, CEO PRO Farms

Legal stuff is always scary. And I’ve had to play offense a couple times, begrudgingly. To have Harris Bricken have my back? It made things a lot less prickly. They quickly walked me through my options, and were refreshingly consistent in their communications, timing and billing. I’ve been lucky to stay out of the legal side of things my whole career, thankfully. When things went a little wrong, Harris Bricken quickly made things right.

user icon Aaron Draplin, Founder Draplin Design Co.

I am impressed with this law firm. They answered all my questions regarding cannabis businesses and the California cannabis framework, and they have helped me with a variety of legal issues in a timely fashion, while always clearly communicating with us throughout the process. They also redirected me to other quality people for my business needs. Everyone I worked with at Harris Bricken is an expert in their field, and I was in good hands throughout my legal representation.

user icon Corey T., CEO Thinc Cubed, LLC

I have been working with the lawyers at Harris Bricken for more than 20 years both as a business owner and as an executive at a large east-coast health system and that is because they have always efficiently provided high level and clear international law advice. Most recently, Harris Bricken provided legal support on many matters related to procuring medical products worldwide. Their support was particularly helpful to during the onset of COVID, when there was a big need for securing PPE quickly, all while navigating complicated international and domestic legal requirements. Harris Bricken’s team of international lawyers helped by conducting rapid-fire due diligence on potential suppliers, navigating the legal logistics for getting product from overseas and through U.S. customs, and drafting contracts to protect against various sorts of horribles. They did this by essentially providing what amounted to 24/7 service. I cannot recommend them highly enough.

user icon Dan Pak Hospital Supply Chain Executive

Harris Bricken has represented our company in the legal cannabis industry for years. Harris Bricken has advised us in a wide variety of legal matters, and they are truly experts in their field. I would highly recommend Harris Bricken to anyone with questions about cannabis law, or any legal matters. They have been great for our Company, and will continue to guide us as our industry evolves

user icon Matt Hurt, COO Cannabis Nation

You won’t find a better partner than Harris Bricken when trying to navigate the complex world of healthcare regulations.  They not only give sound and reliable legal advice, but they are also very responsive and are able to guide you in a way that helps you reach your business objectives as well.

user icon Joseph Axelrod, General Counsel Irwin Naturals

When we started the process of building a ‘seed to sale’ cannabis company in Oregon, we saw the need for expert legal counsel.  The cannabis sector is fraught with potential peril at every turn, and we wanted the best legal advice we could find.  After talking to several firms and individuals, we feel extremely fortunate to have chosen Harris Bricken as our legal counsel.

user icon Tony Theiss, CEO and Co-Founder Redbarn Cannabis 

We use Harris Bricken on all our international legal matters, including on our international litigation matters. We have over the last few years been involved in a couple big international legal disputes and Harris Bricken’s international dispute resolution team provided us with expert legal assistance on both matters. They were always very careful to explain to us what they were doing and why and what their actions would likely cost us in legal fees. Most importantly, we did extremely well on both cases and I have no doubt Harris Bricken was a big factor in that.

user icon Kevin English, CEO We Are Camp

We have used Harris Bricken for legal help related to our international manufacturing. The lawyers with whom I worked had extensive familiarity with the international legal issues involved in our various projects and offered us key insights. I particularly appreciated how they always quickly and efficiently do what they say they will do and always within their cost estimates.

user icon Andrea Barona Valladolid, Senior Legal Counsel Fairphone
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