Archives: CBD

Advertising and Regulation of CBD Products

By Lee H. Rosebush, Randal M. Shaheen, Laura Macherelli and John P. Ferry on August 9, 2022 Posted in Advertising, CBD

If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill removed hemp-deprived products, like CBD, from the Controlled Substances Act, leading to a flood … Continue Reading

NDI Letter Shows CBD’s Position Unchanged at FDA

By Randal M. Shaheen and John P. Ferry on August 31, 2021 Posted in Advertising, CBD, FDA

The 2018 Farm Bill legalized hemp-derived cannabidiol (CBD) at the federal level, but in the nearly three years since then, little has changed from the perspective of the U.S. Food & Drug Administration (FDA). From the start, FDA’s regulatory position has been complicated by CBD’s previous approval as the active ingredient in the prescription drug … Continue Reading

Beware Operation CBDeceit

By Randal M. Shaheen, Amy Ralph Mudge and John P. Ferry on December 22, 2020 Posted in CBD

The Federal Trade Commission (“FTC”) announced on December 17 that it has taken action against six sellers of CBD products. In case you need a refresher, CBD is a substance found in the cannabis plant that is widely touted for its health benefits. The 2018 Farm Bill legalized hemp-derived CBD at the federal level, and … Continue Reading

Podcast: AD-ttorneys@law: CBD Marketing: A Path Through the Legal Fog

By Randal M. Shaheen and John P. Ferry on November 12, 2020 Posted in CBD

Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read BakerHostetler’s AD-ttorneys@law weekly newsletter and blog and appreciate how the firm’s renowned team of advertising, marketing and digital media lawyers distills issues … Continue Reading

Takeaways from FDA Hearing on CBD

By John P. Ferry on June 3, 2019 Posted in CBD

On May 31, the Food and Drug Administration (FDA) held a hearing at its headquarters in Silver Spring, Maryland, to hear from the public about cannabidiol (CBD). The popularity of CBD was reflected in participation at the meeting, which took place in a jam-packed conference room and involved 120 speakers, selected from more than 400 … Continue Reading

FDA Slow but Steady on CBD

By Lee H. Rosebush, Randal M. Shaheen and John P. Ferry on April 5, 2019 Posted in CBD, FDA

It seems like CBD oil is all we talk about, but honestly, it’s almost all that our clients are talking about. If your marketing folks haven’t come to you yet with an idea to add CBD oil to something, they will almost certainly show up soon. In this latest installment, the FDA giveth, and the … Continue Reading

A Quick Hit on CBD – Departing Commissioner Gottlieb Talks CBD With Congress

By Lee H. Rosebush, Randal M. Shaheen and John P. Ferry on April 1, 2019 Posted in CBD

Departing Food and Drug Administration (FDA) Commissioner Gottlieb reiterated many of the things we have blogged about here recently in his testimony before a Senate subcommittee this past Thursday. Among other things, Gottlieb acknowledged that: The FDA was exercising enforcement discretion with respect to the multitude of CBD oil products in the marketplace that the … Continue Reading

CBD: Coming to a Store Near You TBD

By Randal M. Shaheen, Lee H. Rosebush and John P. Ferry on March 27, 2019 Posted in CBD

There are both positive and negative developments regarding the likelihood of widespread legal sales of CBD oil products. Last week, a major retailer announced that it will begin selling cannabidiol (CBD) creams and salves in eight states. As a reminder, federal law now permits hemp production under the 2018 Farm Bill if the product contains … Continue Reading