A coalition of 37 attorneys general, as the primary enforcers of their respective state consumer protection laws, has called on the Food and Drug Administration (“FDA”) to help protect consumers from false advertising and potential harms from products containing cannabis and cannabis-derived compounds. In a public comment filed with the FDA, the attorneys general emphasized the need for more research [...]
The Ohio General Assembly passed Senate Bill 57 (“SB 57”) last week, decriminalizing hemp and instituting a legal framework for hemp licensing and cultivation. SB 57 also allows retailers to sell hemp-derived products such as cannabidiol (“CBD”) and removes CBD from the state’s controlled substance list. SB 57 is currently pending before Governor Mike DeWine and will go into effect [...]
The Columbus Dispatch recently reported that racial minorities are underrepresented in Ohio’s burgeoning medical marijuana industry. As Ohio’s medical marijuana program progresses, there is growing concern among advocates and industry insiders that racial minorities will be under-represented in marijuana businesses. Currently, racial minorities hold 9 of the 56 dispensary provisional licenses, 2 of 29 cultivation provisional licenses, and none of [...]
In a move that businesses producing and selling marijuana and CBD products should be paying close attention to, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) recently sent joint warning letters to four sellers of nicotine-laced e-liquids regarding their social media marketing practices. At issue? The information, or rather, lack thereof, shared in social media posts advertising [...]
Despite the growing legality of marijuana in states across the country, marijuana-derived products such as cannabidiol remain in a legal grey area. Cannabidiol (“CBD”) is a naturally occurring cannabinoid compound found in the marijuana plant. Unlike THC, the compound most typically associated with the marijuana plant, CBD generally does not cause users to experience psychoactive effects and may contain neurorestorative [...]
How do I ensure my business is complying with state and federal consumer protection laws? What happens if I break the rules? Can my license be revoked? How can I tell when my advertising crosses the line from “creative” to “deceptive?” Can I really be held liable for my vendors’ violations? Join members of Mac Murray & Shuster’s Medical Marijuana Law [...]
Cannabidiol (more commonly known as CBD) products may be new, but federal regulators are still applying a decades-old tenet of consumer protection law to their sale: you must be able to substantiate a product claim before you make it. State attorneys general also apply a similar enforcement standard under their Unfair and Deceptive Acts and Practices (UDAP) laws. Recently, the [...]
Since its launch in January, Ohio’s medical marijuana program is off to a strong start. With more than $1.5 million in product sales as of early March, exponential growth is expected as more marijuana-based businesses open their doors in the coming months. Amid such promising growth, the Ohio Department of Commerce Medical Marijuana Control Program (MMCP) has submitted a set [...]
The last decade has witnessed a dramatic increase in consumer protection legislation and activity across industries and across the country. To date, all 50 states have enacted consumer protection laws prohibiting unfair or deceptive acts and practices likely to mislead consumers. Recent cases brought by state attorneys general have achieved historic settlements and, due to the hefty and cumulative fines [...]
On January 16, 2019, Ohio’s Medical Marijuana Control Program formally launched with the official opening of the first dispensaries in Wintersville, Canton, and Sandusky. Years in the making, Ohio’s program provides alternative medical treatment to qualifying patients but also raises serious questions for employers on how to deal with employees who qualify for use. Conflicting federal and state laws as [...]
