The Washington State Liquor and Cannabis Board (LCB) recently adopted an Interpretive Statement on the use of Additives in Authorized Cannabis Products. The Interpretive Statement is described by the LCB as follows:
This interpretive statement describes the use of CBD products and other additives and whether other cannabinoids, such
Continue Reading LCB Interpretive Statement Bans Hemp-Derivatives Besides CBD
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
On Thursday, May 19, 2022, the Ninth Circuit ruled that hemp-derived products which contain delta-8 THC are currently legal under federal law, and entitled to trademark protection.
Continue Reading Ninth Circuit Holds Delta-8 THC Products Are Federally Legal
On May 4, 2022, the Food and Drug Administration (FDA) sent out warning letters to five companies distributing Delta-8 THC (FDA Warning Letters). This is the first time that the FDA specifically addressed products containing hemp-derived Delta-8. In all but one of the letters, the FDA also warned about distributing
Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U.S. Supreme Court resolve this conflict in a Workers’ Comp case?
Continue Reading Podcast: Law of the Land? Cannabis, Preemption, and SCOTUS
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 ReviewsFollowing the storming of the United States Capitol during the first week of 2021, Amazon Web Services (AWS) sent a notice to conservative social media company Parler (that was allegedly leaked to BuzzFeed before being e-mailed to Parler) that it was being suspended, effective immediately, from AWS’s cloud-hosting service.
The
Continue Reading Insurrection, Contracts, and the Cannabis Industry
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