Tag: cannabis
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FDA, FTC Warn CBD Company for Unsubstantiated Claims
The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have announced a joint warning letter sent to Rooted Apothecary LLC focused on the potential benefits that the company claimed its cannabidiol (CBD) products could provide. “The Agency continues to be concerned about the proliferation of products asserting to contain CBD that are…
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Advertising Complaint Upheld Against U.K. Hemp Rum Co.
The U.K. Advertising Standards Authority (ASA) has upheld a complaint against The Cornish Rum Co. against its ads marketing Dead Man’s Fingers Hemp Rum. The complainant asserted that two Instagram posts and an ad in a trade magazine used language linking the hemp-infused rum to cannabis, including “Delicious mixed with coke or ginger ale—serve chilled,…
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FDA Warns Company Selling CBD Oil
The U.S. Food and Drug Administration has published a warning letter it sent in September 2019 to a company selling cannabidiol (CBD) oil as a dietary supplement. “This product is labeled as a dietary supplement; however, it cannot be a dietary supplement because it does not meet the definition of a dietary supplement,” the letter…
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House Passes Cannabis Banking Bill
The U.S. House of Representatives has passed the SAFE Banking Act, which allows financial-service firms to work with “cannabis-related legitimate businesses and service providers,” providing protection from federal prosecution for banks in states that have legalized cannabis. The bill, introduced by Rep. Ed Perlmutter (D-Colo.), has been sent to the Senate. In its press release…
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Company Misleads on CBD Content, Consumer Alleges
A consumer has filed a putative class action alleging that the labels of Global Widget’s products containing cannabidiol (CBD), including gummies, lollipops and syrup, do not identify an accurate amount of CBD in the products. Ahumada v. Global Widget LLC, No. 12005 (D. Mass., filed September 24, 2019). “Defendant makes numerous false and misleading claims…
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U.S. Lawmakers Urge FDA to Act on CBD
A group of U.S. lawmakers, led by Reps. Chellie Pingree (D-Maine) and James Comer (R-Ky.), have urged the U.S. Food and Drug Administration to “quickly adopt a policy of enforcement discretion and to consider issuing an interim final rule to regulate [cannabidiol (CBD)] as a dietary supplement and food additive while simultaneously moving forward with…
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FTC Issues Warning Letters to CBD Companies
The U.S. Federal Trade Commission has announced that it sent warning letters to three companies selling “oils, tinctures, capsules, ‘gummies,’ and creams containing cannabidiol (CBD), a chemical compound derived from the cannabis plant.” The announcement notes that the letters warn the companies—which have not been identified—that “it is illegal to advertise that a product can…
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Cannabis Edibles Co. Cannot Claim Trademark Ownership, Court Holds
A California federal court has rejected a trademark infringement claim on the grounds that the company alleging preceding use of the trademark manufactures cannabis-infused edibles, which are illegal under federal law. Kiva Health Brands LLC v. Kiva Brands Inc., No. 19-3459 (N.D. Cal., entered September 6, 2019). The parties to the litigation—Kiva Brands Inc. (KBI)…