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And if your marketing or packaging makes health claims, whether it is in products designed for pets (see Hemp-CBD Pet Foods Are Everywhere But Are They Legal? ) By virtue of statelaws, every product sold includes an implied warranty unless it is disclaimed by the manufacturer or retailer. Breach of warranty.
Specifically, an FAQ that issued from FDB last year made clear that FDB prohibits hemp-CBD in “Food” for humans and pets. within 10 calendar days of the change; and a licensee shall notify the [MCSB] through [the state’s online system] of any change in the list of financial interest holders. ” Labeling.
Other CBD products, however, are still subject to various statelaw regulations as well as the U.S. The FDA specifically found that Curaleaf marketed its CBD products online with unsubstantiated claims that they treated (among other things) cancer, opioid withdrawal, pain and pet anxiety, and Alzheimer’s disease. First, Sens.
FDA’s announcement comes on the heels of an active 2019, during which both FDA and the FTC issued warning letters to marketers of CBD products 1 and the plaintiffs’ bar began to actively file class-action lawsuits against marketers of CBD products under statelaw. Nonetheless, these products are widely available.
It’s admirable of California to make it official that financial institutions (and accountants) don’t commit any crimes under statelaw by virtue of servicing cannabis businesses. There’s one issue though: federal law. For now, pets, their owners, and vets are in legal limbo regarding medical cannabis.
To date, while taking input from the public on the topic, the FDA mostly has engaged in enforcement, sometimes in tandem with Federal Trade Commission (“FTC”), against CBD retailers. For years everyone has wondered when, or even if , the FDA would propose and adopt CBD regulations. 2018 Farm Bill.
Nothing in that guide was earth-shattering, given that the USPTO reiterated what we already knew and have written about for years: that “[u]se of a mark in commerce must be lawful under federal law to be the basis for federal registration under the U.S. Trademark Act.” But this is often a point of confusion for would-be applicants.
It happens more often than you might think depending on the topic (see, for example, the NLRB ). One agency, though, that has surprisingly never lifted a finger against state-legal cannabis–though it is taking a closer look at CBD–is the Federal Trade Commission ( FTC ). See here for our various posts on these topics.
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