FTC Issues Additional Three Warning Letters to CBD Companies

By Tonya M. Esposito, Renee B. Appel & Jonathan Huie on September 17, 2019

On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to “protect consumers from unfair and deceptive practices in the marketplace,” and accordingly has the responsibility of jointly overseeing marketing and advertising of products that fall under the U.S. Food & Drug Administration’s control. (In 2019, the FDA issued four warning letters, and publicly disclosed…

The Blunt Truth

CBD is Everywhere – But Where Does the FDA Stand?

By Tonya M. Esposito, Renee B. Appel & Jonathan Huie on August 13, 2019

CBD is “thriving” in the current regulatory environment, but is it doing so illegally? As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is getting out of hand. The FDA needs to act.” Since the passage of the Farm Bill in December of 2018, there has been a marked uptick in interest in the cannabidiol (CBD) space from businesses and users alike. Congress explicitly preserved…

Consumer Class Defense Blog

Statutory Text or Discovery Rule? SCOTUS to weigh in on Rotkiske v. Klemm

By Esther Slater McDonald, Seth Fortin & Jonathan Huie on April 12, 2019

Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations under the Fair Debt Collections Practices Act (FDCPA). The controversy is centered on the FDCPA statutory text, “the date on which the violation occurs,” 15 U.S.C. § 1692k(d), and whether such language governs in a dispute or the discovery rule tolls the statute of limitations. The…

Consumer Class Defense Blog

Eighth Circuit Alert: District Courts Must Determine Article III Standing Before Approving Class Settlements

By Esther Slater McDonald, Tonya M. Esposito & Jonathan Huie on February 20, 2019

On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements. The appeal stemmed from a putative class action wherein U.S. District Court Judge Nanette Laughrey decided to enforce the parties’ tentative settlement agreement without first deciding the standing issue. Plaintiff filed the class action suit in Missouri state court in February 2016 alleging that SC Data Center (SC…

Consumer Class Defense Blog

CFPB Commotion Continues: Leandra English Resigns from CFPB Deputy Director Post

By Tonya M. Esposito, Esther Slater McDonald & Jonathan Huie on July 9, 2018

On July 6, 2018, Leandra English, through her attorney via Twitter, announced she would be resigning from the Consumer Financial Protection Bureau (“CFPB”). In so doing, Ms. English is also dropping her lawsuit against the CFPB in which she challenged Mick Mulvaney’s status as the acting director and claimed that she was the true acting director. Ms. English attributed her resignation decision to President Trump’s nomination of Kathy Kraninger, a White House aide, to…

Consumer Class Defense Blog

An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision

By Esther Slater McDonald, Tonya M. Esposito & Jonathan Huie on June 26, 2018

On June 21, 2018, in deciding a motion to dismiss a complaint brought the Consumer Financial Protection Bureau (“CFPB”)and the State of New York, Judge Loretta Preska of the U.S. District Court for the Southern District of New York held that the CFPB’s structure is unconstitutional. Previously the D.C. Circuit, sitting en banc in PHH Corp. v. CFPB, 881 F.3d 75 (D.C. Cir. 2018), had held that Title X of the Dodd-Frank Act, which “established…

Jonathan Huie

FTC Issues Additional Three Warning Letters to CBD Companies

CBD is Everywhere – But Where Does the FDA Stand?

Statutory Text or Discovery Rule? SCOTUS to weigh in on Rotkiske v. Klemm

Eighth Circuit Alert: District Courts Must Determine Article III Standing Before Approving Class Settlements

CFPB Commotion Continues: Leandra English Resigns from CFPB Deputy Director Post

An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision

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