Takeaways From Enforcement Trends In Cannabis Advertising

Law360 (July 31, 2019, 1:21 PM EDT) -- The U.S. Food and Drug Administration’s recent enforcement action against cannabis and CBD producer Curaleaf exemplifies the need for awareness and understanding of the federal and state laws applicable to advertising these heavily regulated products.

The hemp-derived CBD market has been booming following passage of the 2018 Farm Bill which removed hemp-derived CBD (containing less than 0.3% THC) from the Controlled Substances Act. Nevertheless, uncertainty persists around how products containing CBD can be labeled, marketed and advertised. At the forefront in this area is the FDA, which has expedited its consideration of regulations of products containing CBD.

Similarly, in states that...

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