FDA
Charlotte’s Web Faces Class Action Lawsuit for Improperly Marketing CBD Products

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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The FDA Issues Hemp-CBD Warning Letters and a Consumer Update

The Food and Drug Administration (“FDA”) had a busy Monday this week. On November 25, the agency issued warning letters to 15 businesses selling hemp-derived CBD (“Hemp-CBD”) products as unapproved drugs. The FDA also released updated consumer guidance on Hemp-CBD. Warning Letters The recent batch of warning letters appear to turn on the marketing of Hemp-CBD…

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The Risks of Infusing Hemp-CBD Topical Products with Essential Oils and Menthol

As we have previously discussed, the sale and marketing of hemp-infused cannabidiol (“Hemp-CBD”) cosmetics, such as salves, lotions and creams (collectively “Topicals”), present the lowest risk for businesses wishing to enter this booming industry. We have quite a few clients pursuing this path, from small-batch manufacturers to national retail outlets. Generally, a Topical may be…

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CBD Topicals are Not Immune from FDA Scrutiny, as Recent Warning Letters Show

We’ve written extensively on this blog about industrial hemp-derived CBD products, including CBD comestibles, CBD pet products, CBD in alcohol, and CBD topicals. Of all these categories of goods, the CBD industry seems to have reached a consensus that CBD topical products present the lowest level of risk for businesses, hence companies like CVS, Walgreens,…

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Natural Products, the FDA and Cannabis Regulation

I recently attended two events in Utah headlined by the United Natural Products Alliance (“UNPA”) where its President, Loren Israelsen, discussed the voluminous public comments received by the FDA in response its latest round of questions regarding how over-the-counter cannabis extracts like CBD should be regulated. Israelsen provided numerous takeaways for UNPA members and their…

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Hemp-CBD Pet Foods Are Everywhere But Are They Legal?

According to recent reporting, pet industry spending is expected to reach $96 billion by 2020 with CBD as one of its fastest growing sections. Following the enactment of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”), there has been a huge interest in the use of hemp-derived cannabidiol (“Hemp-CBD”) for our furry friends. Yet,…

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FDA to Clear a Path Within Four Months To Lawfully Market Hemp-Derived CBD Products

Back in March, former Food and Drug Administration (“FDA”) Commission, Scott Gottlieb, explained it would take several years for the agency to come up with rules that would legalize the use of hemp-derived cannabidiol (Hemp-CBD) in food products, unless Congress stepped in. Last week, both chambers showed they are not interested in waiting around for the FDA…

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The FDA and FTC Regulatory Overlap Means Twice as Much Compliance for CBD Companies

Last week, the Federal Trade Commission (“FTC”) issued warning letters to three unnamed companies that advertised their CBD-infused products as treatments or cure for serious medical conditions. These warning letters are nothing new. As we have explained before, making medical claims about CBD-infused products is the perfect way of falling under the scrutiny of federal…

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Cannabis Smoke: The Good, the Bad and the Ugly

The last few days we’ve seen a flurry of activity related to smokable cannabis products.  It’s been tough to keep track of everything that’s gone on, so today I’m going to take a page out of legendary Italian director Sergio Leone‘s book and break down the Good, the Bad, and the Ugly in all things…

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Navigating the Use of CBD Oil as a Food Claim, September 10 and 11: Harris Bricken Presents!

This Wednesday, September 11, our own Vince Sliwoski will present at a marquee food industry event in Chicago. The topic will be “Navigating the Use of CBD Oil as a Food Claim.” This stand-alone presentation will occur alongside presentations from regulatory counsel at Whole Food Markets, Sargento Foods, Nestle USA, Non GMO Project and the…

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