As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it. In recent years, state and federal regulators have made it clear that cannabis claims are a priority, especially claims stating or implying a health benefit. Most of the attention to date has been on CBD products and claims, but as THC products hit the shelves in more and more states,… More
Category Archives: Advertising
WEBINAR: Trademark and Advertising Basics for Cannabis Companies
Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Companies should be paying attention to these issues out of the gate.
Foley Hoag presented a webinar covering a range of topics related to cannabis trademark protection and promotion of cannabis-related goods and services, including:
- Maximizing trademark rights at the federal and state level
- Leveraging alternative IP strategies for brands
- Advertising best practices and what not to say
- FDA regulation of cannabis and cannabis-derived products
- CBD,…
The New Normal: Another Round of Competitive State License Applications Released
The ink is barely dry on the New Jersey ATC and Missouri medical marijuana facility applications that so many of us assembled this August. Yet now, a new round of states have issued applications for competitive cannabis licenses. Below we discuss the qualifications, requirements, deadlines and other relevant information for the Illinois (adult use), Michigan (adult use) and Texas (medical; <.5% THC) applications.
Illinois
Dispensaries
The Illinois Department of Financial and Professional Regulation (“IDFPR”) has posted its application form for conditional adult-use licenses for new dispensing organizations.… More
Steps FDA Can Take to Expedite Marketing CBD in Food and Dietary Supplements
The U.S. Food and Drug Administration (“FDA”) currently takes the position that cannabidiol (CBD) and other cannibinoids cannot be used in dietary supplements and food because of statutory provisions under the Federal Food, Drug, and Cosmetic Act (“FDCA”) that prohibit the sale of products containing an ingredient treated as a drug or involved in clinical trials. Since CBD was the subject of clinical investigations that led to the approval of the drug Epidiolex® (cannabidiol),… More
Watch: IP and Advertising Basics for Cannabis Companies
Business is booming for cannabis ventures, but the legal landscape for related intellectual property protection and product advertising is rife with complications that demand special consideration, and companies should be paying attention to these issues out of the gate.
Foley Hoag presents a webinar covering a range of topics related to cannabis IP protection and promotion, including:
- Maximizing trademark rights at the federal and state level
- Leveraging copyright as secondary protection for brands
- Cannabis patent basics and strategies
- Advertising best practices and what not to say FDA regulation of cannabis and cannabis-derived products
- CBD,…
Recent FTC and FDA Warning Letters May Hold Lessons For Cannabis Advertisers
Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”). While the letters focus on the nicotine content of the products, they should nevertheless be of interest to cannabis advertisers because they demonstrate a continued regulatory focus on vaping and suggest a framework that may soon apply more broadly to the promotion of retail cannabis products.… More