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. Since the enactment of the Farm Bill, many states have helped clear the road to CBD legality with new legislation, and the USDA has clarified requirements for hemp cultivation. Some roadblocks remain, however, at the federal level, particularly with respect to the FDA’s position on adding CBD to food or dietary supplements. Additionally, as the market for CBD has developed, so has the involvement of the class action bar and the enforcement priorities for regulators.
This program, taught by Randy Shaheen and Jack Ferry of BakerHostetler LLP, will help attorneys and advertisers better understand what CBD oil products they can legally advertise and sell, what advertised claims are likely acceptable, and what advertised claims are high risk. The course will provide an overview of 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 presenters 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.
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.