Category Archives: Advertising

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,…
  • More

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