Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:
CBD
FDA targets four companies for illegally selling CBD to farms animals
Following an earlier warning issued to Kingdom Harvest of N.C. at the beginning of May, the FDA sent similar letters to Texas-based Hope Botanicals, Nev.-based Plantacea and Haniel Concepts of Kan. The agency noted there's not enough safety data to show CBD is safe for farm animals or pets, or that it cures diseases in animals.
Report: Only 7% of CBD brands test for pesticides, heavy metals, microbes
Compared to 6% in 2021, a Leafreport study determined only 7% of brands tested all their products for microbes, pesticides and heavy metals. Other key findings of the report include:
- 20% of the brands reviewed didn't carry out any purity tests to check for the presence of microbes, pesticides or heavy metals. In 2021, 25% of the brands Leafreport reviewed didn't carry out any purity tests;
- 42% of brands test almost all of their products for potency (90%-100% accurate) and share their third-party lab results with consumers – the same as in 2021;
- 12% of brands had all their products fall within acceptable potency variance limits;
- 88% of brands that tested their products for potency had at least one product test beyond the 10% variance for potency, in comparison to 84% in 2021; and
28% of brands didn't carry out any testing at all for pesticides, 26% didn't test for the presence of any heavy metals and 24% didn't test for microbes.
Minn. bill to clarify hemp-derived CBD returns to governor's desk
A bill meant to provide permanent protections allowing state hemp businesses to legally market certain cannabis products, including foods and beverages infused with CBD and other cannabinoids, awaits Gov. Tim Walz's (D) approval. The large-scale omnibus legislation that cleared the House and Senate contains the hemp provisions. The measure would correct a legislative drafting problem that emerged after state lawmakers sought to align Minn.'s hemp policy with that of the federal government, which legalized the crop as part of the 2018 Farm Bill. The products must contain less than the federal limit of 0.3% THC and be limited to a total of 5 mg THC per serving and 50 mg per package.
Hemp
N.C. lawmakers hurry to protect hemp farming as USDA rule nears expiration
N.C.'s S.B. 762 is making its way through committees
to protect industrial hemp farmers as the USDA Domestic Hemp
Production Rule is scheduled to lapse by the end of June. There are
about 1,500 hemp growers and more than 1,200 processors in N.C.
registered under the USDA rule.
Related:
Deadlines coming for hemp producers –
ABC News
Facebook bans ad of hemp shirt
Clothing maker John Anderes' latest product is a shirt made from eucalyptus and hemp fiber textiles. Due to the mixture including hemp, the Minn.-based designer was flagged by Facebook and Instagram. While Meta's policy doesn't provide any clear messaging on the advertising of hemp-related products that aren't consumable, the broadness of the company's algorithms on Facebook and Instagram have essentially banned any product with the word hemp in it.
South Carolina State University partners with Bright Ma Farms on hemp research
The Bright Ma Innovation Center (BIC) will be a hemp research and innovation center located on an 85-acre piece of land outside of Orangeburg, S.C., and will partner with the SC State 1890 Research and Extension Program. The BIC will provide students with the tools to learn about how the supply chain affects the hemp market, as well as receive hands on training tackling all aspects of hemp production including biology, engineering, marketing and business. Bright Ma Farms plans to invest about $30 million into the center that will be funded through grants and private funding. The BIC is expected to be completed within the next 18 months.
Cannabis
Ferrara again hits cannabis knockoffs
Ferrara Candy, the maker of Nerds candies and Trolli gummies, alleges Akimov is willfully using highly similar packaging to its Nerds and Trolli products and that customers are likely to be confused about the THC-containing knockoffs and believe they're authorized by the candy maker. Akimov also infused its cannabis products with THC, which is illegal in Fla. for recreational purposes and is considered a felony. Akimov is selling at least seven counterfeit THC products on its website under packaging labeled "Errli" and "Trrli," as well as a knock-off version of Nerd Ropes, Ferrara says. The company is seeking a permanent injunction barring Akimov from making the alleged counterfeits and $2 million in damages for each counterfeit mark per type of good sold, offered for sale or distributed.
Related:
Hemp co. says competitor swiped trademarked
'Jars' logo
Cannabis extraction company takes CPB challenge to Federal Circuit
Root Sciences is seeking a review of a U.S. Court of International Trade decision from 2021, in which the court dismissed the dispute for lack of jurisdiction, stating it lay with the federal district court instead. The company argues the CIT's ruling created a legal loophole through which CBP can detain goods in a procedural limbo. In response, the cannabis extraction company will take its fight challenging the CPB's seizure of imports deemed to be drug paraphernalia to the Federal Circuit.
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