The United States Food and Drug Administration (FDA) has consistently taken the position that cannabidiol derived from hemp (CBD) cannot be marketed or sold as a dietary supplement or food. The FDA’s position is based on the fact that CBD has been approved for use in a pharmaceutical drug and
New York’s Office of Cannabis Management (OCM) recently proposed Adult-Use Advertising Rules. The proposed rules were published in the New York State Register on June 15, 2022, which triggered the 60-day public comment period. This post is the second in a two-part series. The first post on New York’s
Continue Reading New York Proposes Adult-Use Cannabis Advertising Rules
New York’s Office of Cannabis Management (OCM) recently proposed Adult-Use Packaging and Labeling Rules. The proposed rules will be published in the New York State Register on June 15, 2022, which will trigger the 60-day public comment period. As outlined below, the rules may be restrictive. If these rules
Continue Reading New York Proposes Adult-Use Cannabis Packaging and Labeling Rules
Until just weeks ago, it seemed as though brands were completely unconcerned (or, perhaps, simply unaware) that federal law imposes liability for third-party statements regarding their brands or products, including testimonials and product reviews posted online by third parties. However, all of that changed when the FTC sent Warning Letters
Continue Reading Federal Law & Your Liability for Third-Party Statements Posted Online
Endorsements, including testimonials and product reviews, are valuable marketing tools. This is true especially within the cannabis industry due to state and federal laws that prohibit cannabis companies from utilizing traditional marketing methods and channels.
However, cannabis companies should be aware that recent federal enforcement action warns that a prosecutorial
Continue Reading The FTC’s Crackdown on Online Endorsements, Testimonials, and Product Reviews
The cannabis industry is experiencing a surge in lawsuits filed against CBD companies, highlighting the fundraising risks for CBD companies associated with potentially false or misleading statements or omissions about their business and business activities.
In sum, CBD companies continued to experience a surge in class action and securities litigation
Continue Reading Surge in Lawsuits Highlights Fundraising Risks for CBD CompaniesFalse or deceptive claims, including unsubstantiated health claims, constitute the basis for a large amount of both federal and state lawsuits against hemp and CBD companies throughout the United States. At the federal level, both government entities, including the Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA), as
Continue Reading FTC Announces New “Crackdown” on CBD Companies