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Six Requirements for CBD Product Labels

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Because the Food and Drug Administration (FDA) says that CBD-infused foods and dietary supplements cannot be lawfully sold or marketed in the United States, we’re left with a patchwork of often inconsistent state laws. One of the areas where there can be the biggest differences is in CBD product labels. Complying with CBD label requirements in each state of sale is a grueling – though necessary – task.

We’ve said for a long time that CBD companies need to deeply understand label laws in every state of sale. Because these laws are all over the place, companies usually opt to follow the most stringent rules, such as those imposed by Indiana, Texas, and Utah. Today, I want to cover the top six requirements for CBD product labels that tend to flow across all of these most stringent states.

CBD label requirement 1: the FDA’s general labeling requirements

All states that allow CBD products require that CBD product labels comply with Food, Drug and Cosmetic Act (FDCA) label requirements. The FDCA requires product labels to contain four basic elements:

An identity statement (as the name implies, this indicates what the product is); A net weight statement; A list of all

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First Amendment May Help Cannabis Companies Beat Trademark Infringement Claims

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Editor’s Note: A version of this article by Fred Rocafort was first published on Law360.

The U.S. Constitution’s free speech protections, found in the First Amendment, may present a legal recourse for cannabis brands in trouble for using marks that are similar to famous trademarks.

To be clear, a free speech argument will not be of help to those who simply copy a famous trademark, making no effort to differentiate between their mark and the famous one.

In the case of trademarks that simply evoke famous ones, however, the First Amendment could help preclude infringement claims.

Famous trademarks are a not-uncommon source of inspiration for brand creators. At times, brands take that inspiration too far, effectively appropriating a famous trademark.

For example, candymaker Ferrara Candy Co. sued a company called Akimov LLC in the U.S. District Court for the Southern District of Florida in May, alleging that it was selling THC-containing products bearing some of Ferrara’s registered trademarks, including those for its Nerds and Trolli candies.

Assuming the allegations are true, Akimov was not using marks inspired by Ferrara’s, but rather using Ferrara trademarks without authorization.

The harm presented to Ferrara and the public by the presence in the market

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New York’s Conditional Adult Use Processor License

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On the morning of the Cannabis Control Board’s (CCB) June 23, 2022 meeting, the Office of Cannabis Management (OCM) uploaded the meeting agenda, which included this important tidbit: a resolution approving a conditional adult-use processor license and opening an application window for said license. This is obviously big news, in that it provides the link between the already issued conditional cannabis cultivation licenses and conditional retail dispensary licenses.

In introducing the conditional process license resolution, CCB Chairwoman Tremaine Wright dropped another huge piece of news: the OCM expects adult-use sales to begin through conditional retail dispensary licensees in the fall of 2022. Adult use cannabis sales taking place in just a few months seems exceedingly optimistic, given that: (i) no conditional retail dispensary licenses have been awarded, (ii) DASNY just announced a management team for the Social Equity Cannabis Investment Program (more on that later); (iii) design-build contractors who submitted bids based on the conditional retail dispensary RFP have not been selected; (iv) the conditional retail dispensary locations have not yet been lease (as per CCB member Adam Perry during the meeting); and (v) retail store buildouts typically take more than a few weeks (especially in New York City).

With that said, more

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California Will Allow Large Cultivation Licenses

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On January 1, 2023, California’s Department of Cannabis Control (DCC) will begin accepting applications for large cultivation licenses for the first time ever. California law authorized large cultivation licenses years ago. But, the law caveat was that applicants could not apply for large cultivation licenses until 2023. And on June 17, the DCC announced it was proposing regulations to start the large cultivation license application process next year. Today I’ll explore some of the key highlights of large cultivation licenses.

What sizes of cultivation licenses does California allow?

California divides licenses into three categories: outdoor, indoor, and mixed-light. For each different type, there are multiple different licenses based generally on canopy size. The smallest are specialty, followed by small, then medium. The state assigned each license a type number. For example, Type 1B is a Specialty Mixed-Light license and type 3A is a Medium Indoor license. Medium licenses are the biggest, and can include up to 22,000 square feet of canopy (area where mature plants grow) for indoor and mixed-light, or up to 1 acre of canopy for outdoor. There is also a nursery license (Type 4) for applicants that produce propagative materials.

Up until now, an applicant could not

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