Legalized recreational marijuana was on the ballot in four states last night, and it won in all four. Arizona, New Jersey, Montana, and South Dakota now bring the total number of U.S. states that have legalized recreational marijuana to 15, along with the District of Columbia. Notably, these changes were primarily the result of ballot initiatives, which is typical of the “grassroots” (pun intended) way in which marijuana has been legalized in most states, suggesting a rare point of democratic consensus in otherwise divided times. A fifth state, Mississippi, legalized medical marijuana, as well.
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Michael Bleicher
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FDA Releases Report to Congress Regarding CBD
By Barak Cohen & Michael Bleicher on
Posted in Food and Drug Administration (FDA), Litigation
Yesterday, the FDA belatedly released a report in its progress towards CBD enforcement, as required by Congress.
Although the report repeats the FDA’s concerns regarding CBD safety, and fails to offer a useful timeline for a reasonable regulatory pathway for the CBD market, it also affirms a desire for a nuanced “risk-based” approach to CBD…
Multiple CBD Class Actions Filed With More Expected
On the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that that the company’s CBD-containing products are mislabeled and falsely advertised in violation of state law. Further class action litigation is expected given the…
SAFE Banking Act Passes House, Aims to Increase Access of Cannabis-Related Businesses to Banking Services
By Tommy Tobin, Barak Cohen & Michael Bleicher on
Posted in Banking & Finance
Late last month, the U.S. House of Representatives passed H.R. 595, the Secure and Fair Enforcement Banking Act of 2019 (the “SAFE Banking Act”). The stated purpose of the SAFE Banking Act is to “increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses.”
In particular, the bill would provide safe harbor and other protections under federal law to financial institutions and insurers that provide services to cannabis-related legitimate businesses. Under the proposed bill, such insurers and financial service providers would not be subject to liability under federal law solely for providing such services to, or investing the income derived from, cannabis-related legitimate businesses.
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Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD
By Barak Cohen & Michael Bleicher on
On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).
In the full article on PerkinsCoie.com, we review Dr. Gottlieb’s proposal which highlights areas of concern for business involved in the CBD…
FDA Considers Pathway for Legalizing CBD at Public Hearing
By Barak Cohen & Michael Bleicher on
The CBD industry is widespread and very lucrative, but the FDA has sent mixed messages regarding CBD use. On the one hand, the FDA has stated that CBD is “unsafe” and not an approved additive to food, beverages and supplements; on the other hand, the FDA has not taken a single enforcement action against a…
FTC Joins FDA in Sending Warning Letters to Companies Advertising and Selling Products Containing Cannabidiol (CBD) Claiming to Treat Alzheimer’s, Cancer, and Other Diseases
By Barak Cohen & Michael Bleicher on
On March 28, 2019, the Federal Trade Commission (FTC) joined the Food and Drug Administration (FDA) in sending warning letters to three companies that market products that contain cannabidiol (CBD), which the companies claim can treat a variety of serious physical and mental disorders.
CBD can be added to foods and beverages, and can be synthesized, or derived from either hemp (which is legal at the federal level under the 2018 Farm Bill) or marijuana (which is illegal as a Schedule I controlled substance under the Controlled Substances Act). The FDA has not yet approved CBD as a food additive, and products containing CBD are currently deemed unsafe under the federal Food, Drug, and Cosmetic Act. The FDA has cited deceptive marketing practices as its main concern with respect to products that contain CBD, and has taken the position that selling products that contain CBD through unapproved therapeutic claims is illegal. Between 2015 and 2018, the FDA issued 18 warning letters regarding products containing CBD. Each of the letters was triggered by drug claims. Ten of the warning letters also challenged adding CBD to dietary supplements, and one warning letter also challenged adding CBD to food. Despite the warning letters, the FDA has not yet undertaken a single enforcement action against a CBD product.
Continue Reading FTC Joins FDA in Sending Warning Letters to Companies Advertising and Selling Products Containing Cannabidiol (CBD) Claiming to Treat Alzheimer’s, Cancer, and Other Diseases