On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to “protect consumers from unfair and deceptive practices in the marketplace,” and accordingly has the responsibility of jointly overseeing marketing and advertising of products that fall under the U.S. Food & Drug Administration’s control.  (In 2019, the FDA issued four warning letters, and publicly disclosed the names of the companies in question. We previously discussed these letters in an earlier article.) According to its press release, the FTC warned three companies that it is illegal to market cures or preventative features of a product without supporting “competent and reliable scientific evidence.” The FTC has not publicly identified the recipients of the letters.
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CBD is “thriving” in the current regulatory environment, but is it doing so illegally?

As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last  week, “the CBD craze is getting out of hand. The FDA needs to act.”  Since the passage of the Farm Bill in December of 2018, there has been a marked uptick in interest in the cannabidiol (CBD) space from businesses and users alike.  Congress explicitly preserved the FDA’s authority to regulate CBD-containing products to ensure that they are safe and that their claims are valid.  Current federal law expressly allows for the distribution of hemp-derived CBD products that contain 0.3% tetrahydrocannabidiol (THC) or less to be sold, with certain caveats.  The FDA has provided clarity that hulled hemp seed, hemp protein powder, and hemp seed oil can be legally used in foods.  Other CBD products, however, are still subject to various state law regulations as well as the U.S. Food, Drug, and Cosmetic Act (FD&C Act), which requires FDA pre-market approval for drug products.  Currently, the FDA treats CBD products aimed at human or animal consumption as drugs and therefore they cannot be distributed without prior approval or a rulemaking exception (more on this below).  The following is a brief update on recent developments within the federal regulatory regime of CBD products. 
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Last week, several members of Seyfarth’s cannabis practice attended CannaVest West and the Cannabis Business Summit & Expo.  Industry expert panels discussed market trends, private equity, venture capital, family offices, and banking, as well as commercial real estate, which I had the opportunity to moderate.

Of interest to TBT readers, a few key takeaways from

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

First, a point of personal pride.  The Blunt Truth started in February 2016, with the slightly crazy idea that a BigLaw firm could talk about marijuana on a regular basis.  As of this week, we’ve

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Let’s start, as we so often do, with the states.   Nebraska has decided against legalizing medical marijuana.  Texas is moving towards legalizing hemp.  Iowa is one step ahead of them – hemp cultivation will begin in

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

The big news this week was the re-introduction of the STATES Act.  The bill would protect marijuana businesses and consumers in states where it is legal, and in what is a rarity in our increasingly partisan

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Our weekly review starts in Georgia, where the governor is expected to sign a medical marijuana reform bill into law.  The law will allow grow houses and production facilities in the state, which will be heavily