Mark Faccenda (US)

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FDA CBD enforcement continues under Biden

By Will Troutman (US), Mark Faccenda (US) and Katie Fragoso (US) on May 6, 2021 Posted in General

In the first few months of the Biden Administration, the Food and Drug Administration has continued to actively pursue companies marketing and selling CBD products in violation of the Federal Food, Drug and Cosmetic Act (the “FD&C Act”), picking up where the Trump administration left off. FDA’s recent efforts target products marketed as unapproved drugs … Continue reading

FDA presses pause on CBD enforcement guidance—for now

By Mark Faccenda (US), Will Troutman (US) and Katie Fragoso (US) on January 31, 2021 Posted in General

In the dawn of the new administration, the U.S. Food and Drug Administration (FDA) withdrew its “Cannabidiol Enforcement Policy,” a document that stakeholders had hoped would deliver long-overdue guidance on cannabidiol (CBD) regulations. The White House had completed its review of the document back in July, although no subsequent action followed, and the contents were … Continue reading

Class actions against CBD companies proliferate under federal and state law

By Mark Faccenda (US), Jeff Margulies (US), Will Troutman (US) and Katie Fragoso (US) on February 12, 2020 Posted in Food & Drug Administration, Recent consumer products case law, Recent legislation and regulations

On the heels of FDA sending out a tranche of warning letters to sellers of cannabidiol (CBD) products, enterprising plaintiffs lawyers have filed a spate of consumer class actions over these types of products. The complaints put forth a number of different theories tied to the current illegality of these products due to FDA regulation. … Continue reading

FDA clarifies position on CBD, cracks down on 15 online stores

By Mark Faccenda (US), Will Troutman (US) and Katie Fragoso (US) on December 11, 2019 Posted in Consumer class actions, Food & Drug Administration

The U.S. Food and Drug Administration issued a revised consumer alert on Cannabidiol (CBD), warning that the agency is aware that some companies are marketing CBD products in ways that violate the federal Food, Drug and Cosmetic Act (FD&C Act), and that may put the health and safety of consumers at risk. The FDA also … Continue reading