Tonya M. Esposito

Blogs: BioLoquitur, Consumer Class Defense Blog, The Blunt Truth

Latest Articles

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

National Credit Union Administration Issues Statement About Serving Hemp Businesses

By Tonya M. Esposito & Renee B. Appel on September 10, 2019

Following last year’s passage of the 2018 Farm Bill, the National Credit Union Administration (NCUA) issued a regulatory update in August of 2019 to federally insured credit unions. Citing growth in hemp-related commerce, the NCUA emphasized the need for credit unions to understand the gamut of regulation across jurisdictions in order to lend lawfully to hemp-related businesses. Within its memorandum to members, the NCUA provided: 1) a summary of repercussions generated by the 2018 Farm…

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

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…

The Blunt Truth

“C” is for…

By Tonya M. Esposito & Renee B. Appel on February 19, 2019

Cannabidiol (CBD) competed with Vitamin C as a top ingredient in new cosmetic products this past year, with promises of having anti-inflammatory effects and other healing properties. Amid the hype, at the end of 2018, the Agriculture Improvement Act of 2018, P.L. 115-334 (the “2018 Farm Bill”) was signed into law, changing the marketing of hemp and derivatives of cannabis and further removing hemp from the Controlled Substances Act thereby making it no longer an illegal substance under…

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…

BioLoquitur

FDA Approves First Marijuana-Based Drug to Treat Epilepsy

By Tonya M. Esposito, Stanley Jutkowitz, Renee B. Appel & Robert Terzoli on July 5, 2018

On June 25, 2018, the Food and Drug Administration (“FDA”) approved Epidiolex (cannabidiol), the first marijuana derived drug for use in the United States, to treat two rare forms of epilepsy. This decision for the FDA could have sweeping effects for the marijuana industry. While the FDA has previously approved drugs comprising synthetic (manufactured) cannabinoids, this is the first FDA approved drug comprised of an active ingredient derived from marijuana. Even with FDA approval, further…

The Blunt Truth

FDA Approves First Marijuana-Based Drug to Treat Epilepsy

By Tonya M. Esposito, Stanley Jutkowitz, Renee B. Appel & Robert Terzoli on July 5, 2018

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…

Consumer Class Defense Blog

D.C. Circuit Questions English’s Standing to Challenge CFPB Control

By Tonya M. Esposito, Esther Slater McDonald & Andrew Stark on April 13, 2018

The battle for control of the Consumer Financial Protection Bureau (“CFPB”) raged on this Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump. All three panel judges seemed skeptical of English’s claim that she should be acting director of the CFPB, but two judges questioned whether President Trump could appoint Mulvaney as acting director when a provision in the Dodd-Frank Act states that…

Tonya M. Esposito

FTC Issues Additional Three Warning Letters to CBD Companies

National Credit Union Administration Issues Statement About Serving Hemp Businesses

CBD is Everywhere – But Where Does the FDA Stand?

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

“C” is for…

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

FDA Approves First Marijuana-Based Drug to Treat Epilepsy

FDA Approves First Marijuana-Based Drug to Treat Epilepsy

An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision

D.C. Circuit Questions English’s Standing to Challenge CFPB Control

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