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United States:
Legal and Regulatory Summary of CBD and Hemp – October 1st, 2021
October 05, 2021
Kelley Drye & Warren LLP
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Welcome to our weekly roundup of CBD and hemp legal and regulatory news:
CBD
Ore. Regulatory authority requests from Cura CS. made hemp CBD tincture back
The Oregon Liquor and Cannabis Commission (OLCC) announced that the hemp CBD tincture manufactured by Cura CS and sold under the Select brand is subject to a mandatory recall. The OLCC reports that consumers who use the mislabeled product may get high and be “unexpectedly harmed” due to its “unknown THC content”. It is estimated that around 500 units have been sold as of June 19 and around 200 are still in retailers’ stocks. The province
CBD company hits another with TM infringement lawsuit
CBD maker SunFlora has filed a trademark infringement lawsuit against another CBD brand in Illinois, accusing the duo behind the brand of misusing SunFlora’s brands for their own line of CBD and violating their contracts as SunFlora Affiliate violate. SunFlora claims that brothers Brian and James Kevin Harvey have signed partner agreements to franchise SunFlora’s Sunmed CBD products in three “Your CBD Store” locations in Illinois. as they sell a competing CBD product called HempTonic CBD at Your CBD Store locations. The lawsuit includes TMI’s federal and common law charges, unfair competition, false advertising, breach of contract, and violation of the Defense of Trade Secrets Act. Among other things, SunFlora is seeking an order from the defendants to remove the allegedly false or misleading advertisements and to prohibit the Harveys from operating CBD businesses within 100 miles of their franchise businesses for two years. Law 360 (sub. Req.)
hemp
States are debating whether to hand over powers to the USDA when the 2014 Agriculture Act pilot programs expire
Four tribes and three states, Hawaii, miss. and NH, decided to let the USDA play the leading role in regulating their respective hemp markets. The federal states are partly motivated by financial concerns. Two prominent hemp-growing countries, Wis. and NC, recently decided to allow the Department of Agriculture to regulate hemp within their borders, and others are in the process of deciding whether to hand over authority to the USDA as the pilot programs approved in 2014 Farm Bill expires in late 2021. Given the size of Wis. and NC wonders whether the USDA will be able to take on the additional responsibility. Almost a dozen other states are still undecided. Agri pulse
The largest hemp processing plant in the USA opens in South India.
HempRise, which extracts CBD from hemp and supplies it to other companies, invested $ 80 million in a 100,000-square-foot facility. The company selected Kentuckiana as the location because the acreage is nearby and the area is close to many major cities. It will be the largest hemp processing facility in the United States and employ approximately 50 people. WDRB
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