Will the FDA Soon Treat Hemp CBD as a Dietary Supplement?
Uncategorized January 18, 2020
The Food and Drug Administration (FDA) may soon change its tune on hemp-derived CBD (Hemp CBD) thanks to a bill recently filed by chairman of the House Agriculture Committee, Rep. Collin Peterson (D-MN) and cosponsored by Reps. Thomas Massie (R-KY), James Comer (R-KY) and Chellie Pingree (D-ME). HR 5587 is an Act “To amend the…
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Selling Hemp and CBD Online? Read this First!
Uncategorized January 17, 2020
We recently received a request from a client to advise them on Shopify’s guidance on selling CBD products on its platform. Specifically, the first paragraph of the guidance states that “[y]ou should consult with an attorney to determine how and where you’re able to sell your product.” And that’s exactly what the client did –…
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On January 2, the Food and Drug Administration (“FDA”) issued non-binding guidance (“Guidance”) in which the agency explains how it intends to prioritize enforcement actions to tackle the growing increase in youth use of electronic nicotine delivery systems (“ENDS”)–more commonly and broadly referred to as “e-cigarettes”–as well as to address vaping-associated lung injuries. According to a…
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Is CBN Legal? What is CBN?
Uncategorized January 9, 2020
This is the second of a two-part installment on trending cannabinoids. For the previous post on cannabigerol (CBG), go here. This post concerns CBN (cannabinol). Like CBD and THC, CBN is among the 100+ molecules in the cannabis plant. CBN comes from oxidation and decomposition of THC, meaning that when THC is heated and exposed…
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Should Your Labels Include the Term “CBD”?
Uncategorized January 6, 2020
A year ago, we discussed a shift in nomenclature for hemp-derived cannabidiol (“Hemp-CBD”) products. Many CBD companies have swapped the word “CBD” for the terms “hemp extract” and “full spectrum hemp” in hope of mitigating the risk of FDA and local enforcement actions. As we previously explained, the main impetus behind this movement seems to…
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Is CBG legal? What is CBG?
Uncategorized January 3, 2020
Looking back, 2019 was the year of cannabidiol (CBD) in the cannabis industry. CBD continued to make its way into countless consumer products, from sodas to sports bras. The CBD craze was a long time coming: we began covering that cannabinoid back in 2015, when industry began promoting CBD products in earnest and the FDA…
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Top 4 Predictions for Hemp and Hemp CBD in 2020
Uncategorized January 2, 2020
2019 was, to put it lightly, an intense year for the hemp and hemp-derived cannabidiol (“Hemp CBD”) industries in the United States. We saw the implementation of the 2018 Farm Bill, strongly worded statements by the Food and Drug Administration (“FDA”) that Hemp CBD was unlawful in many products followed (amazingly) by almost zero enforcement,…
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Hemp-CBD Across State Lines: Nevada
Uncategorized December 30, 2019
The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp…
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About a year ago, we were the first law firm to report on the legality of manufactured cannabidiol (“CBD”)-infused alcoholic beverages. Due to the growing popularity and mainstream nature of CBD-infused products, many alcohol beverage companies were surprised to read us conclude that blending CBD into their products was a risky business, even in hemp-friendly…
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Charlotte’s Web Faces Class Action Lawsuit for Improperly Marketing CBD Products
CaliforniaHempUncategorized December 9, 2019
We’ve written extensively about hemp-derived CBD and the myriad issues faced by manufacturers CBD edibles. You can read more about this topic here: Is Hemp CBD Really Unlawful in California? The FDA Issues Hemp-CBD Warning Letters and a Consumer Update Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit CBD Topicals are Not Immune…
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