On January 26, the Food and Drug Administration essentially threw up its hands and announced that Congress needs to create a new regulatory pathway for cannabidiol (CBD) products because the existing pathways are inadequate to mitigate possible health risks. The agency simultaneously denied three long-pending requests to allow marketing of CBD products as dietary supplements. The move came as a major setback to industry stakeholders that have waited years for clear guidelines on CBD from FDA.Continue Reading FDA Won’t Use Its Existing Authority to Regulate CBD After All
Troutman Pepper Partner to Present at CSP EduNetworking Tobacco/OTP + CBD Forum
Bryan Haynes, a partner in the Troutman Pepper Tobacco Team, will present a tobacco and e-vapor regulatory update and participate in a panel discussion at the CSP EduNetworking Tobacco/OTP + CBD Forum in Miami, Florida on November 17 and 19, 2021.
Bryan will discuss the current state of affairs in tobacco e-vapor laws and regulations, as well as emerging trends and predictions for the future. Bryan’s presentation will focus on FDA enforcement of premarket review requirements for “deemed” tobacco products, the 2021 amendments to the PACT Act, pending legislation affecting the industry, ongoing battles regarding graphic health warnings and “corrective statements” for tobacco retailers, and future FDA tobacco regulations.
We look forward to seeing our clients and friends at the conference.
California Passes CBD Law That Conflicts With FDA Guidance
Governor Gavin Newsome recently signed California Assembly Bill 45 (AB 45) into law, which, among other things, allows hemp-derived cannabidiol (CBD) to be included in any food, beverages, and dietary supplements sold in California. This is not only a break from California’s prior position prohibiting CBD from being included in such products even as the State began to tax and regulate its cannabis industry, but it is also in stark contrast with the U.S. Food and Drug Administration’s (FDA’s) current position on the issue. Continue Reading California Passes CBD Law That Conflicts With FDA Guidance
THC, CBD and other Non-tobacco Vaping Product Sellers Should Take Note of New PACT Act Provisions
On December 22, 2020, we blogged about the omnibus 2021 Consolidated Appropriations Act passed by Congress, which included legislation extending the applicability of the Prevent All Cigarette Trafficking (“PACT”) Act to electronic nicotine delivery systems or “ENDS.” The legislation, called the ‘‘Preventing Online Sales of E-Cigarettes to Children Act,’’ sweeps ENDS into the PACT Act by amending the PACT Act’s definition of a cigarette to include electronic nicotine delivery systems, thereby subjecting remote sales of these products to various requirements and restrictions. Another important feature of this new law is that the defined term “ENDS” in this new legislation actually covers more than electronic nicotine delivery systems. Continue Reading THC, CBD and other Non-tobacco Vaping Product Sellers Should Take Note of New PACT Act Provisions
Federal Courts May Be Trending Toward Delaying CBD Consumer Class Action Lawsuits
Relying on the regulatory and legal uncertainty surrounding cannabidiol (CBD), Food and Drug Administration statements and state laws, several class actions have been filed since late 2019 against companies selling CBD products, a number of which have been filed in California federal courts. In at least two cases, courts have adopted defendants’ requests to delay the cases while the FDA continues to study CBD and how it should be federally regulated. These cases could represent a developing “wait and see” approach by federal courts dealing with CBD class action lawsuits. Continue Reading Federal Courts May Be Trending Toward Delaying CBD Consumer Class Action Lawsuits
FDA and FTC Target CBD Companies Over COVID-19 Claims
In recent weeks the U.S. Food and Drug Administration and the Federal Trade Commission have teamed up to prevent companies from advertising and selling products that claim to treat COVID-19. The agencies have specifically targeted companies selling cannabidiol (CBD) products such as Nova Botanix LTD, CBD Online Store, Indigo Naturals, and Native Roots Hemp. Continue Reading FDA and FTC Target CBD Companies Over COVID-19 Claims
U.S. Food and Drug Administration Expresses Concerns About Therapeutically Marketed CBD Products
The U.S. Food and Drug Administration continues to be concerned about the proliferation of products containing CBD that are marketed for therapeutic or medical uses that have not been approved by the FDA. On Tuesday, July 23, 2019, FDA issued a press release announcing it has issued a warning letter to Curaleaf Inc., of Wakefield, Massachusetts, alleging the company illegally sold unapproved products containing cannabidiol (CBD) online with unsubstantiated claims that the products treat cancer, Alzheimer’s disease, opioid withdrawal, pain and pet anxiety, among other conditions or diseases. Continue Reading U.S. Food and Drug Administration Expresses Concerns About Therapeutically Marketed CBD Products
Connecticut AG Sues Retailers for Illegal Delta-8 THC Product Sales
On February 9, Attorney General William Tong sued five Connecticut retailers for violating the state’s Unfair Trade Practices Act (UTPA) by selling allegedly illegal delta-8 tetrahydrocannabinol (THC) products, many of which mimicked snack foods and candies popular among youth.Continue Reading Connecticut AG Sues Retailers for Illegal Delta-8 THC Product Sales
House Representatives Ask FDA to Explain its Handling of PMTAs and Other Issues Within Center for Tobacco Products
House Representatives Morgan Griffith (R-VA) and Brett Guthrie (R-KY) recently sent a letter to FDA Commissioner Robert Califf expressing “continued concerns involving systemic problems within the” Center for Tobacco Products (CTP). The first half of the letter asks FDA to explain its continued failure to issue meaningful regulations for CBD products, while the second half focuses on issues within CTP that have been echoed across the tobacco industry.Continue Reading House Representatives Ask FDA to Explain its Handling of PMTAs and Other Issues Within Center for Tobacco Products
Delta-8’s 2018 Farm Bill Honeymoon May Be Slowly Coming to an End
The term tetrahydrocannabinol (THC) is most often associated with the delta-9 THC cannabinoid, which is one of over 100 cannabinoids found in both high-THC marijuana and low-THC hemp. Delta-9 THC is also the cannabinoid most often responsible for getting cannabis users “high” and is the cannabinoid that has been explicitly prohibited by the federal Controlled Substances Act (CSA). Continue Reading Delta-8’s 2018 Farm Bill Honeymoon May Be Slowly Coming to an End