The Bottom Line Effective January 15, 2022, plan coverage of FDA-approved over-the-counter at-home COVID-19 diagnostic tests is mandatory. Plan sponsors should immediately contact their pharmacy benefit managers to set up mechanisms for direct coverage of at-home tests.If any questions Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line California’s newly passed Assembly Bill 45 now explicitly permits cannabidiol (CBD) to be included in food and dietary supplement products and creates advertising and labeling restrictions. This is a stark departure from the California Department of Public Health’s prior Continue Reading
Navigating High Stakes Issues in a Budding Industry
7th Edition: Trends in Marketing Communications Law Last year was a watershed moment for the cannabis and hemp industries. And despite the widespread impacts of COVID-19 on the U.S. economy, if those developments are any indication, the years ahead will bring significant changes to the burgeoning Continue Reading
How “Natural” Is That Cosmetic? Legislators May Decide.
7th Edition: Trends in Marketing Communications Law Consumers are becoming increasingly savvy, even as the retail landscape is constantly evolving with new categories and sub-categories. In the cosmetics space, new independent brands have joined an already crowded field, while established Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line In the wake of the global pandemic caused by the novel coronavirus, the U.S. Food and Drug Administration (FDA) has issued dozens of warning letters to various companies — including so-called ‘affiliate marketers’ — asserting that they have fraudulently marketed products that Continue Reading
FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus
The Bottom Line Numerous unscrupulous retailers are seizing on the COVID-19 crisis — and the public health fear that the overall population is experiencing — to make some wild and unsubstantiated claims about how CBD products can help cure or ward-off the novel coronavirus. Both the Federal Continue Reading
FDA Provides Temporary Flexibility on Nutrition Labeling in Response to the COVID-19 Pandemic
The Bottom Line To facilitate the distribution of food and mitigate the losses accruing in the restaurant and food manufacturing industries resulting from the current COVID-19 pandemic, the Food and Drug Administration (FDA) issued guidance to provide restaurants and food manufacturers with Continue Reading
The Newest Ingredients in Cosmetics: CBD and Probiotics
6th Edition: Trends in Marketing Communications Law Cannabidiol (CBD) appears to be everywhere lately — available as an additive in certain food and drink products, as an oil meant to be used as a dietary supplement and even in cosmetics. But despite the widespread popularity and excitement over Continue Reading
FDA Public Hearing on the Use of Cannabis and Cannabis-Derived Compounds in Food and Dietary Supplements
The Bottom Line The FDA is in uncharted territory and has requested additional safety data to assess whether CBD and other cannabis-derived compounds can be safely added to food and dietary supplements.The industry believes that CBD has the potential for significant health benefits, but is open Continue Reading
FTC and FDA Target Advertising of CBD Health Claims
The Bottom Line The legalization of hemp is a major step in establishing a potentially significant new industry. However, producers and marketers need to exercise caution when making health-related claims in connection with hemp-based product. The FTC and FDA will continue to aggressively review Continue Reading