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The push and pull on CBD regulation continues. Earlier this week, Minnesota Representative Colin Peterson introduced a H.R. 5587, which would regulate CBD as a dietary supplement.  Specifically, the bill would amend the federal Food, Drug, and Cosmetic Act to add “other than hemp-derived cannabidiol” after the term “article” in Section 21 U.S.C. 321 (ff)(3)(B).  If passed, the statute would effectively read as follows: “The term dietary supplement … does … not include an…
A new potential class action minefield cropped up in 2019 – challenges to cannabis companies’ marketing practices under the Telephone Consumer Protection Act (“TCPA”), with one major medical marijuana company already forced to defend its text messaging practices in Florida federal court. On December 9, a class action complaint was filed in the Northern District of Florida against Trulieve, Inc., alleging that Trulieve transmitted unsolicited text messages offering cannabis products and promotions to several thousands…
On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar. On Thursday, December 5, from Noon – 1:00 Eastern we will be holding a webinar on the emerging cannabis regulatory and litigation landscape. This program will cover several areas, including the following: Litigation trends Prop 65 applicability Trade…
As we previously reported, the U.S. Department of Agriculture(“USDA”) released its long-awaited interim final rule governing the domestic production of hemp on October 31, 2019.  On November 5, the USDA released a short 12-minute webinar, which provides a high-level overview of the new Interim Final Rules. Among other things, the webinar clarifies the USDA’s position that, following publication of the interim final rule, no state or Indian tribe may prohibit the interstate…
On October 29, 2019, USDA released an interim final rule establishing the U.S. Domestic Hemp Production Program. The highly anticipated regulatory framework specifies the rules and regulations to produce hemp, as required by the 2018 Farm Bill. The interim rule includes, among other things, provisions for testing the levels of THC, maintaining information on the land where hemp is produced, disposing of plants not meeting necessary requirements, seed certification, and the interstate transportation of hemp.…
Any parent who has tried in vain to soothe a child suffering from a painful ear infection or comfort a teething baby knows that feeling of desperation when you may be willing to try just about anything to get the crying to stop.  Both yours and the child’s… It is just this issue that appears to have caught the attention of the FDA and FTC as the target for their most recent CBD enforcement.  Similar…
On October 12, 2019, California Governor Gavin Newsom announced the following cannabis-related bills were signed into law: AB 37 Allows cannabis businesses to claim state tax deductions and credits available to other legal businesses in the state for each taxable year beginning on or after January 1, 2020, and before January 1, 2025. AB 404 Authorizes a laboratory testing cannabis or cannabis products to amend a certificate of analysis to correct minor errors. The bill also…
As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his job. Back in April, the U.S. District Court Judge, Frank Geraci, dismissed several of plaintiffs’ claims, leaving only two claims for fraudulent inducement and civil RICO. As a result, plaintiffs then moved under Federal Rule…