Not much thought is given to ancillary CBD liability. Why is that? Probably because the Food and Drug Administration (“FDA”) hasn’t taken any serious enforcement action against any company or individual that aids and abets violations of the Food, Drug & Cosmetic Act (the “Act”) when it comes to CBD. Still, secondary CBD liability under
Hong Kong and the negative developments taking place there have been the subject of many posts in our sister China Law Blog. But now it is our turn to report on the Fragrant Harbor. Unfortunately, the news is also bad on the cannabis front, just like on the political and economic ones. From February 1
Since the passage of the 2018 Farm Bill, the hemp CBD industry has been eagerly awaiting FDA CBD regulations. In that time, FDA convened a working group to study how the agency would regulate CBD foods and dietary supplements. As of January 26, 2023, the FDA concluded that it will NOT regulate CBD foods or
The 2023 Oregon legislative session kicked off yesterday. It’s a regular session this year, meaning we’re in for a longer stretch– a 160 day calendar, versus the 35 day affair we see in even-numbered years. Following November’s elections, the state government also looks quite different than the last few years, from the Governor’s office on
Cannabis advertising has always been a precarious art. From first amendment commercial speech issues to zealous state marketing and promotion regulations to false claim lawsuits, cannabis advertising can go down some dark rabbit holes. Notoriously, tech giants like Instagram and Facebook would take down cannabis-related ad content for violating site terms and conditions around the
The year 2022 was a busy one for the California cannabis industry, with everything from tax reform to the beginning of enforcement. In this post, I’ll go back through some of the highlight’s for California’s cannabis industry last year. California hints at enforcement? Anyone who knows anything about California cannabis knows that the regulators simply
There has been so much talk from the Food and Drug Administration (“FDA”) around cannabidiol (“CBD”) regulations that it makes one’s head spin. For years everyone has wondered when, or even if, the FDA would propose and adopt CBD regulations. To date, while taking input from the public on the topic, the FDA mostly has
Lawful use in commerce is a requirement for a trademark to be registered in the United States. For cannabis brands, this means that the United States Patent and Trademark Office (USPTO) will not register trademarks used in connection with products that are illegal under federal law, most notably marijuana. However, USPTO’s problematic approach to lawful
We recently got to ask Kai-Friedrich Niermann of KFN+ Law Office some questions about EU Novel Food authorizations. His answers are a must-read for cannabis food businesses interested in the EU market. 1. What is an EU Novel Food authorization? Novel foods are regulated in the European Union by the so-called Novel Food Regulation (Regulation
I’m guilty of dunking on the Federal Trade Commission (FTC) in the past for not doing more to protect cannabis consumers, despite the current federal illegality of cannabis. That may be changing, at least with respect to CBD consumers. Before diving into this latest development, I should mention that historically, cannabis is treated differently from
