Don’t Start Counting Marijuana Advertising Dollars Yet – Cautions Despite Possible Changes in Its Federal Classification

By |2024-05-10T10:17:34-05:00May 10th, 2024|Legal News|

In recent weeks, we saw press reports on a recommendation from the Attorney General to loosen federal restrictions on marijuana – reclassifying it by moving it off Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, where many other drugs, including some requiring a... Continue Reading…

More FTC Consent Decrees Emphasize Prohibitions on Advertising of Unproven Health Benefits of CBD Products

By |2020-12-30T10:35:19-06:00December 30th, 2020|Legal News|

Just before Christmas, the Federal Trade Commission issued consent decrees with six companies resolving proceedings alleging that their marketing of CBD products was deceptive.  The consent decrees included monetary penalties as high as $80,000 and compliance plans to ensure that the named companies would not engage in future marketing of unproven health benefits of CBD... Continue Reading…

The FDA Issues New Guidance on CBD – Still Leaving Many Questions for Broadcasters and Advertisers

By |2020-03-11T10:00:44-05:00March 11th, 2020|Legal News|

The FDA last week issued an update on its review of issues related to the sale and marketing of CBD products.  The guidance reiterates the kinds of warnings that we have given before (see, for instance, our articles here and here) about not advertising specific health benefits of CBD products as, except for two approved... Continue Reading…

Many More Warning Letters Sent by FDA to CBD Companies – More Issues for Advertisers

By |2019-12-10T11:20:44-06:00December 10th, 2019|Legal News|

We have written many times about the concerns regarding the marketing of CBD products on broadcast stations. As we wrote here, here, and here, the FDA and FTC have repeatedly warned makers of these products that they cannot make specific health claims about the products and cannot market products that are intended to be ingested.... Continue Reading…

USDA Issues Interim Rules for Hemp Production – How Does it Affect CBD Advertising? 

By |2019-11-13T11:02:31-06:00November 13th, 2019|Legal News|

On October 31, the US Department of Agriculture published in the Federal Register interim rules governing the production of industrial hemp under the provisions of the 2018 Farm Act (see the USDA press release here).  These rules will allow the USDA to approve state and tribal plans for the regulation of hemp production.  It also... Continue Reading…

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