New Year Brings Substantial Changes for Tobacco, Cannabis, and Food and Beverage Industries We saw plenty of significant federal and state policy, regulatory, and enforcement developments for the tobacco, cannabis, and food and beverage industries this holiday season.  Notably, (1) President Trump signed H.R. 1865 into law, which bans the sale of tobacco products to anyone under the age of 21; (2) the Trump Administration finalized its partial ban on flavored e-cigarette products, while the…

New Year Brings Substantial Changes for Tobacco, Cannabis, and Food and Beverage Industries We saw plenty of significant federal and state policy, regulatory, and enforcement developments for the tobacco, cannabis, and food and beverage industries this holiday season.  Notably, (1) President Trump signed H.R. 1865 into law, which bans the sale of tobacco products to anyone under the age of 21; (2) the Trump Administration finalized its partial ban on flavored e-cigarette products, while the…

FDA Issues Round of CBD Warning Letters and Revised Consumer Update, Restates Potential Risks and Unknowns On November 25, 2019, the U.S. Food and Drug Administration (FDA or the Agency) announced that it had issued Warning Letters to 15 companies for illegally selling products containing cannabidiol (CBD). Simultaneous with its latest round of CBD-related enforcement, the Agency also published a revised Consumer Update, in which it detailed specific safety concerns and questions about CBD…

USDA Issues Long-Awaited Hemp Production Rule, Some Questions Answered, Many Remain On October 29, 2019, the U.S. Department of Agriculture (USDA) issued a pre-publication version of its long awaited hemp production interim final rule. Public comments are due 60 days after USDA publishes the rule in the Federal Register. While we are still digesting the 161-page rule, below are our initial observations regarding the rule. USDA State and Tribal Plan Review, Producer Compliance Per…

Overview This week, Pennsylvania Senators Daylin Leach (D-Montgomery/Delaware) and Sharif Street (D-Philadelphia) introduced a bill, the “Adult-Use Cannabis Act” (Senate Bill 350), that would legalize adult-use (i.e., recreational) cannabis in the Commonwealth. If passed, the bill would legalize adult-use cannabis for individuals 21 years of age and older, and establish a permitting process for growers, processors, and dispensaries; the current measure would not place a limit on the number of permits that could be issued.…

House Passes First-Ever Standalone Cannabis Reform Bill, SAFE Act Would Provide Cannabis Businesses With Much Needed Banking Access On September 25, 2019, the U.S. House of Representatives overwhelmingly passed the Secure And Fair Enforcement (SAFE) Banking Act (SAFE Act) by vote of 321 to 103. If it passes the U.S. Senate and is signed into law, it would prohibit federal banking regulators from penalizing a depository institution simply because the bank provides services to legitimate marijuana-related…

In Response to Vaping-Related Deaths and Injuries, Trump Administration To Ban Flavored E-Cigarettes; Impact on CBD an Open Question On Wednesday, September 11, 2019, in response to a number of highly-publicized vaping-related deaths and illnesses, the Trump Administration (the Administration) announced its intention to ban most flavored e-cigarette products.  While the Administration’s proposal would target nicotine-containing e-cigarettes, regulated by the U.S. Food and Drug Administration (FDA or the Agency) as tobacco products, it is not…