Tonya M. Esposito

Firm/Organization: Seyfarth

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

Latest Articles

FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

December 3, 2019

In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products containing CBD. In addition to the letters, the FDA published a revised Consumer Update detailing safety concerns about CBD products more broadly. Notably, the FDA commented that it “plans to provide an update on its progress regarding the agency’s approach to…

Consumer Class Defense Blog

Influencer Disclosure Update 101, Courtesy of the FTC

By Tonya M. Esposito & Renee B. Appel

November 22, 2019

Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media. For the last several years the Federal Trade Commission has been addressing the misleading marketing of consumer goods through social media influencers. At the beginning of this month, the FTC reinforced its concern with social media influencers by publishing a short guide and a video directed at those that endorse products online. Misleading influencer conduct triggers Section 5 of the FTC…

The Blunt Truth

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

By Tonya M. Esposito & Renee B. Appel

November 19, 2019

Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA continues to stick to its public position that it is working toward both understanding the impact of CBD on users and crafting an effective regulatory framework. Despite this activity, Congressional leaders are still nipping at the heels of the FDA. Senator Chuck Schumer…

Consumer Class Defense Blog

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

By Tonya M. Esposito & Renee B. Appel

November 15, 2019

Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising. As the cosmetic industry moves on to new marketing lingo connoting healthier and safer cosmetics, including “clean beauty,” “sustainable,” “vegan,” and “pure,” New York Representative Sean Patrick Maloney introduced the Natural Cosmetics Act (the “Bill”) last week in the US House of Representatives. While the US Food and Drug Administration (FDA) has declined to…

The Blunt Truth

Cosmetics, Hemp, and CBD: Legislative and Regulatory Update

By Tonya M. Esposito & Renee B. Appel

October 29, 2019

Through a reintroduced House bill, Congress is taking strides to push for cosmetic regulation reform and, separately, through the SAFE Act, it is seeking to establish a safe harbor for financial institutions to support the burgeoning cannabis industry. Plus, the USDA just issued an interim rule for hemp production.…

Consumer Class Defense Blog

FTC Proposes No-Money, No-Fault Settlement With Cosmetics Company Over False Customer Reviews

By Tonya M. Esposito & Renee B. Appel

October 24, 2019

Seyfarth Synopsis: FTC publishes proposed consent order with cosmetic company that posted fake customer reviews but some FTC commissioners place doubt on its effectiveness because there is no financial penalty. Earlier this year, we reported that fake news consumer reviews was on the federal regulators’ radar, especially with the passage of the Consumer Review Fairness Act in late 2017. We identified a cosmetic company that faced negative media after a former employee leaked an internal, company email that…

The Blunt Truth

FTC Issues Additional Three Warning Letters to CBD Companies

By Tonya M. Esposito, Renee B. Appel & Jonathan Huie

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

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

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

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…

Tonya M. Esposito

FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

Influencer Disclosure Update 101, Courtesy of the FTC

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

Cosmetics, Hemp, and CBD: Legislative and Regulatory Update

FTC Proposes No-Money, No-Fault Settlement With Cosmetics Company Over False Customer Reviews

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

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