On December 30, 2019, the United States Court of Appeals for the Ninth Circuit issued an opinion in Becerra v. Dr Pepper/Seven Up, Inc., No. 18-16721 (9th Cir.) that may be the final nail in the coffin of a series of cases filed against diet soda manufacturers in recent years. The Ninth Circuit affirmed
Podcast: CBD Warning Letters, FDA Commissioner Confirmation Hearing and Preview of Upcoming Webinar
On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar.
On Thursday, December 5, from Noon – 1:00 Eastern we will be holding a webinar on the emerging
FTC Issues Warning Letters to Companies Advertising Their CBD-Infused Products as Treatments for Serious Diseases
On Tuesday, the FTC issued warning letters to three companies selling CBD products. The companies, which FTC did not identify publicly, allegedly illegally advertised CBD products as being able to treat or cure serious diseases and health conditions without competent and reliable scientific evidence to support such claims. As we have written about previously,
CBD and False Advertising: Lessons Learned From The Food Court
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of consumer false advertising litigation. Lawsuits filed in California and New York help illustrate what kinds of cases are already being brought
FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act (“FTCA”). Although this is the first time the FDA and FTC have issued joint warning letters relating to CBD, the FDA
FTC Can’t Challenge Prior Acts in Federal Court Says Third Circuit
In a decision that will limit the Federal Trade Commission’s (FTC) ability in both consumer protection and antitrust matters to bring certain claims in federal court, the Third Circuit Court of Appeals held in FTC v. Shire Viropharma, Inc. that the FTC may only bring a case under Section 13(b) of the FTC Act when
FDA Tightening Oversight of Dietary Supplement Industry
This morning, the FDA announced its intention to engage in greater oversight of the dietary supplement industry. The announcement also conveyed that the Agency had sent 12 warning letters and five advisory letters to companies over the prior two weeks. Some of these letters were jointly issued by FDA and the Federal Trade Commission, focusing
Five Cannabidiol (CBD) Regulatory Myths
The 2018 Farm Bill legalized cultivation and processing of industrial hemp and various by-products. One hemp-based derivative of considerable interest to manufacturers of personal care products, dietary supplements, cosmetics, and OTC drugs is cannabidiol (“CBD”). As industry races to commercialize and advertise CBD, it’s important to understand the regulatory hurdles that remain. Ad law partner,
How the Government Shutdown Is Affecting Federal Agencies
While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal government continues to be in a partial shutdown. President Trump is reportedly meeting with congressional leaders today ahead of Thursday’s start to a
Eggs-aggeration: Goop Settles With California District Attorneys Over Misleading Health Claims
The California Food, Drug, and Medical Device Task Force announced a settlement this week with Goop, the lifestyle brand founded by Gwyneth Paltrow, which we’ve written about here and here. The complaint alleges that Goop made false and misleading representations regarding the effects or attributes of three products—the Jade Egg, Rose Quartz Egg, and