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Wednesday, March 23 • 11:00am - 12:00pm
What We Have Here is a Failure to Regulate: Legal Hemp and the New Wild West (Room #S231)

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The 2018 Farm Bill legalized hemp, differentiating "industrial hemp" and "marijuana" solely by a plant's Delta-9 THC content. Then...radio silence. With little to no guidance from the FDA and DEA for any substance that is not Delta-9 THC, states have been left to their own devices--and oh the devices they have invented! While trade groups argue about whether other forms of THC are legal (Delta-8? Delta-10?) state legislatures and other state-based agencies have been busy trying to protect consumers, with only the occasional peep from the FDA. Did you know that whether your CBD-containing product is legal depends entirely on which state it will be sold in? It's true--and some of those states have particular labeling requirements. Can you name the states that have banned CBD in food and drink? Do you know which states have banned other hemp extract products? Given the chaos, what can you say on your webpage, and what can your ambassadors say on social media?
(1) State laws regarding hemp-derived ingredients in food and beverage products sold to consumers vary wildly. Manufacturers need to identify their geographic market(s) early in the product lifecycle in order to ensure compliance with state laws regarding labeling and marketing. (2) No company should make a claim that their hemp-derived food and beverage products are "100% legal." (3) Responsibility for claims made by social media "influencers" is more likely to land on the product manufacturer, not on the influencer. This includes obvious gaffes such as the influencer making a claim that isn't legal under DSHEA, but also includes more subtle items such as hitting the "like" button on posts made by consumers that include a health claim.

avatar for Elizabeth Bain

Elizabeth Bain

Of Counsel, Williams Kastner
Elizabeth R. Bain practices law and yoga. (With sufficient practice, someday she will get one of them right.) By day she defends product manufacturers and distributors against product liability claims and assists with coordination of national defense litigation teams. At night she's... Read More →

Wednesday March 23, 2022 11:00am - 12:00pm PDT
Las Vegas Convention Center, South Hall