CBD Label

Should Your Labels Include the Term “CBD”?

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

is CBG legal

Is CBG legal? What is CBG?

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

Hemp CBD Across State Lines Nevada

Hemp-CBD Across State Lines: Nevada

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

Charlottes Web Lawsuit

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

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

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

canna law blog

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,

canna law blog

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

canna law blog

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,

canna law blog

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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