FDA and FTC Continue to Warn CBD Companies about Unlawful Marketing Claims

Last week, the United States Food and Drug Administration (FDA), in conjunction with the Federal Trade Commission (FTC), issued a warning letter to Rooted Apothecary, LLC in Florida for unlawfully marketing products containing cannabidiol (CBD). The warning letter specifically addresses unsubstantiated claims that the company’s products treat teething pain, ear aches in infants, autism, attention deficit disorders, and Parkinson’s and Alzheimer’s disease. Despite the FDA’s promises to explore potential pathways for the lawful marketing of various CBD products, it has yet to publish any specific…
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Slack Fill Claim Dismissed from Southern District of New York

A recent decision from the Southern District of New York demonstrates the increasing scrutiny of “slack fill” claims. In Morrison v. Barcel USA, LLC, the plaintiff filed a putative class action predicated on the theory that the plaintiff purchased certain bags of tortilla chips and that they contained “too much air and too few chips.” Specifically, the plaintiff alleged that the defendant increased the size of the bags and filled them with “empty space to make it appear to consumers that they are buying more…
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