The Regulatory Roundup

Food & beverage, cannabis, tobacco, life sciences, and agriculture regulatory updates

Latest from The Regulatory Roundup

The U.S. Food and Drug Administration (FDA or the Agency) today published in the Federal Register a proposed rule that, if finalized, would update the standards that food products must meet in order to be labeled as “healthy.” Per FDA, the proposed rule would “align the definition of ‘healthy’ with…
Continue Reading FDA Proposes Update to "Healthy" Food Label Claim Standard

Adult use of cannabis is currently authorized in Washington D.C. (D.C. or the District), 1 but due to a congressional rider preventing the District from using any funds to enact and regulate a legal market, an unregulated marketplace has thrived, operating under the premise that retailers cannot…
Continue Reading Cannabis in the Nation's Capital: The Current Landscape in D.C. and the Road Ahead

Throughout 2020, Pennsylvania courts issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under its medical cannabis statute, the Medical Marijuana Act (“MMA”). Under the MMA,…
Continue Reading <a href="/blogs/70598"><h3>PA Courts Issue Several Decisions in 2020 Clarifying Employee Rights for Medical Cannabis Patients Who Legally Use Outside of Work</h3></a>

On December 18, 2020, just three days after the U.S. Senate adopted the Cannabidiol and Marihuana Research Expansion Act (CMREA or the Act), the U.S. Drug Enforcement Administration (DEA or the Administration) published in the Federal Register a final rule, “Controls To Enhance the Cultivation of…
Continue Reading <a href="/blogs/70582"><h3>On Heels of Senate’s Adoption of Cannabis Research Bill, DEA Issues Rule to License More Research Cannabis Growers</h3></a>

On December 17, 2020, the Federal Trade Commission (FTC or the Commission) announced that it has taken action against six cannabidiol (CBD) brands for allegedly making a wide range of unsubstantiated claims about the ability of the firms’ products to treat serious health conditions (e.g., cancer,…
Continue Reading FTC Details &quot;Operation CBDeceit&quot; Enforcement, Consent Orders and Settlements With 6 CBD Brands

It has been a busy summer for the cannabis and cannabis-derived products spaces. This month alone, the U.S. Food and Drug Administration (FDA or the Agency): (1) sent to the White House Office of Management and Budget (OMB) for review a “Cannabidiol Enforcement Policy” draft guidance; (2) announced…
Continue Reading FDA Unveils Cannabis Research Draft Guidance, Sends CBD Enforcement Policy to OMB, and Makes Public CBD Sampling Report to Congress

While Pennsylvania begins to rebound from the impacts of COVID-19, the restaurant industry across the state will begin to open its doors again for onsite dining. As the state progresses, there are limitations in place for restaurants in each of the reopening phases – red, yellow and green. Click…
Continue Reading Starting June 5, 2020, Restaurants Across Pennsylvania Will be Permitted to Open – With Limitations

On April 23, 2020, the U.S. District Court for the District of Maryland granted the U.S. Food and Drug Administration’s (FDA or the Agency) request for an extension of the submission deadline for certain deemed tobacco product premarket review applications. FDA requested the extension on March 30,…
Continue Reading Court Grants FDA’s Request for Extension of Premarket Review Submission Deadline for Deemed Tobacco Products in Light of COVID-19; Agency Issues New Round of Warning Letters to CBD Retailers

On Friday, April 17, 2020, the U.S. Department of Agriculture (“USDA” or the “Department”) announced the creation of the Coronavirus Food Assistance Program (“CFAP”). In implementing CFAP, USDA will undertake a number of actions to assist farmers, ranchers, and consumers in response to the COVID-19…
Continue Reading USDA Announces $19 Billion Coronavirus Food Assistance Program

As the Coronavirus (COVID-19) pandemic continues, states governors are issuing executive orders that restrict most businesses from operating and require individuals to “shelter in place” (SIP) by staying home to avert the virus’s spread. The U.S. Department of Homeland Security’s (DHS)…
Continue Reading COVID-19 Shelter In Place Orders Permit Food, Agribusiness, and Beverage Industries to Remain Operational

Website accessibility lawsuits have been on the rise over recent years, hitting businesses in various industries. The most recent one to be hit is the CBD industry. This blog discusses the typical allegations that support a claim under the Americans with Disabilities Act for website accessibility and the unsettled law underpinning these claims.  Additionally, this blog discusses why these cases are being filed in the Eastern and Southern Districts of New York.
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Continue Reading CBD Industry Sees Increase in Website Accessibility Suits

New Year Brings Substantial Changes for Tobacco, Cannabis, and Food and Beverage Industries
We saw plenty of significant federal and state policy, regulatory, and enforcement developments for the tobacco, cannabis, and food and beverage industries this holiday season.  Notably, (1) President Trump signed H.R. 1865 into law, which bans the sale of tobacco products to anyone under the age of 21; (2) the Trump Administration finalized its partial ban on flavored e-cigarette products, while the U.S. Food and Drug Administration issued its enforcement policy on unauthorized flavored e-cigarettes that appeal to children; (3) the U.S. Department of Agriculture approved the
Continue Reading New Year Brings Substantial Changes for Tobacco, Cannabis, and Food and Beverage Industries

FDA Issues Round of CBD Warning Letters and Revised Consumer Update, Restates Potential Risks and Unknowns

On November 25, 2019, the U.S. Food and Drug Administration (FDA or the Agency) announced that it had issued Warning Letters to 15 companies for illegally selling products containing cannabidiol (CBD). Simultaneous with its latest round of CBD-related enforcement, the Agency also published a revised Consumer Update, in which it detailed specific safety concerns and questions about CBD products. Although FDA raised these concerns and questions before (e.g., at its May 31, 2019 CBD hearing and in a previous version of the Consumer
Continue Reading FDA Issues Round of CBD Warning Letters and Revised Consumer Update, Restates Potential Risks and Unknowns

USDA Issues Long-Awaited Hemp Production Rule, Some Questions Answered, Many Remain

On October 29, 2019, the U.S. Department of Agriculture (USDA) issued a pre-publication version of its long awaited hemp production interim final rule. Public comments are due 60 days after USDA publishes the rule in the Federal Register.

While we are still digesting the 161-page rule, below are our initial observations regarding the rule.

USDA State and Tribal Plan Review, Producer Compliance

Per the rule, a State or Indian Tribe that wants to have primary regulatory authority over the production of hemp in that State or territory of
Continue Reading USDA Issues Long-Awaited Hemp Production Rule, Some Questions Answered, Many Remain