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Marketing CBD in Food and Beverages: Beware of FDA Warnings

The United States Food, Drug, and Cosmetic Act (“FD&C Act”) is a set of regulations that, among other things, vests authority in the U.S. Food and Drug Administration (“FDA” or “Agency”) to oversee the safety of food, drugs, medical devices, and cosmetics. This includes food additives, such as Cannabidiol (“CBD”), a chemical in the cannabis sativa plant, […]

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UPDATE: FTC Deceptive CBD Advertising Consent Orders Approved

Recently, we wrote concerning six cannabidiol (“CBD”) companies (the “Sellers”) that had settled enforcement actions with the Federal Trade Commission (“FTC”). On March 5, 2021, following public comment, the FTC approved final administrative consent orders against the Sellers for engaging in deceptive CBD marketing practices. Although CBD was removed from the Controlled Substances Act (“CSA”)

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