The passage of the 2018 Farm Bill and the removal of CBD oil containing less than 0.3% THC from the list of controlled substances has created a lot of buzz surrounding CBD oil and a lot of expectations in terms of products and sales growth. However, there are a lot of potential obstacles and hurdles on the road to CBD oil riches. At the federal level, some CBD oil products remain illegal and many CBD oil claims are viewed as deceptive, and certain parts of the Farm Bill still await implementation. At the state level, CBD oil remains illegal in many states, although enforcement of such laws remains spotty at best.
This program, taught by Randy Shaheen and Jack Ferry of BakerHostetler LLP, will help advertisers better understand what CBD oil products they can legally advertise and sell and what advertised claims are likely acceptable and what advertised claims are high risk. The program will help attorneys understand the current federal and state regulatory status of CBD oil and its use in various products as well as offering predictions of likely future regulatory status changes. The course will also review some of the most common CBD oil claims, their current regulatory status and note some potential hurdles to making such claims in the near future and potential strategies for working around any such hurdles.
Discuss what CBD oil products can be legally marketed and advertised under federal law, including under the Controlled Substances Act and the Food, Drug and Cosmetics Act
Identify current federal enforcement priorities regarding CBD oil advertising claims and current proposals and approaches to potentially expanding the scope of legal CBD oil products under federal law
Determine what CBD oil products can be legally marketed and advertised under state law and current state enforcement priorities
Assess the current typical advertising claims for CBD oil and their regulatory risk
Analyze potential hurdles to expanding the scope of CBD oil advertising claims recognized as substantiated by regulatory authorities, and discuss potential “work arounds” to such hurdles
Randy Shaheen has more than 30 years of experience as an advertising attorney. A member of BakerHostetler's Advertising, Marketing and Digital Media team, he represents clients before a variety of regulatory agencies, including the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), National Advertising Division (NAD) and state attorneys general, and he is sought after for his handling of multijurisdictional matters. Randy's background facilitates practical insight: He has a significant history with matters related to privacy and data security, marketing to children, "green" claims, dietary supplements, claims of weight loss and health and performance, comparative claims, the use of surveys and "Made in the USA" claims.
Jack Ferry brings hands-on experience to the firm's Advertising, Marketing and Digital Media team. He has represented clients before the National Advertising Division (NAD), the Federal Trade Commission (FTC) and state attorneys general, as well as in federal court, on a range of advertising-related matters, including claim substantiation, sweepstakes and promotions, and social media campaigns. Jack has also been seconded to clients as their day-to-day, in-house advertising lawyer.
The presenters were remarkably engaging, informative, and up to speed on the latest interesting legal trends. I wish all of my CLE programs could be like this.
Interesting and a wee bit fun. Thanks.
Very informative; explained distinctions effectively.
Interesting and dealt with current law as well as the interweave and concerns between state and federal laws. Appreciated the marketing aspect info as well.