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

Why the USDA Testing Rules Will Hurt the Hemp Industry

On Tuesday, the U.S. Department of Agriculture (“USDA”) released its interim final rule for the production of hemp under the 2018 Farm Bill. Although these rules are not final, they will go into effect once published in the Federal Register, at which point a 60-day public comment period will begin. Upon the publication of the

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

Should You Import Hemp to the United States?

The passage of the 2018 Farm Bill and the legalization of hemp and hemp-derived products has sparked strong business interest from foreign stakeholders. For the past few months, our firm has received numerous inquiries from existing and prospective clients about the legality of importing the agricultural crop and its derived products, particularly hemp-derived CBD (“Hemp-CBD”),

canna law blog

Grading the Presidential Candidates on Marijuana: Overall Rankings

In a recent 13-part series, we reviewed the stance of each of the 2020 presidential candidates’ on marijuana, and we assigned each candidate a letter grade corresponding with our analysis. Our grading criteria is as follows: Current stance on marijuana: What have they recently said about marijuana legislation? When did they adopt this stance? We

canna law blog

CBD Products and False Advertising Under the Lanham Act

A few weeks ago, I wrote a Hemp/CBD litigation forecast in which I predicted that at some point a CBD company will make use of the Lanham Act by claiming that a competitor is engaging in false or misleading advertising. (See here). In that post I promised to go into the Lanham Act in further

canna law blog

The Ethical Marijuana Lawyer

Recently, I traveled to Chicago to speak at a conference hosted by the American Bar Association (“ABA”) titled From Regs to Riches: Navigating the Rapidly Emerging Fields of Cannabis and Hemp Law. The Conference covered a broad range of cannabis topics including the tension between state and federal law on marijuana, navigating the licensing and start-up

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

canna law blog

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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