Webinar: Marketing Claims for Hemp-Derived Products

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Webinar: Marketing Claims for Hemp-Derived Products

Recorded May 20, 2020 -- Duration: 2.5 hours

Published: Wednesday, May 20, 2020

This webinar was presented May 20, 2020 to provide guidance and helpful tips for successfully marketing hemp-derived products, including CBD, consistent with Food and Drug Administration (FDA) and Federal Trade Commission (FTC) requirements.

Presenters address legal standards, today’s ever-evolving regulatory environment, and the lawsuit risks and liabilities marketers of hemp products face.

Overview

Enactment of the 2018 Farm Bill fully removed hemp products containing not more than 0.3% THC from the scope of the Controlled Substances Act. As the hemp products market continues to expand in its wake, new entrants and legacy marketers alike are attempting to gain a leg up on the competition by differentiating their brands through creative marketing measures, which sometimes leads down a slippery slope of claims presenting legal and regulatory risk.

The Federal Trade Commission (FTC) enforces against false, misleading, and deceptive advertising in any medium. Under these authorities, the Agency requires that advertisers have adequate substantiation for their claims and provide appropriate disclosures. Among other factors, the claims made for a hemp-derived product can also impact the product’s classification under and compliance with the Federal Food, Drug, and Cosmetic Act. Successfully navigating both the FTC’s and the U.S. Food and Drug Administration’s (FDA’s) requirements can mean the difference between a profitable hemp-products business and an early, forced exit from this emerging market. Both agencies have consistently and sometimes jointly acted against marketers of hemp-derived CBD products based on claims issues. More recently, the private plaintiffs’ bar has emerged as a new and formidable threat to this nascent industry. Ignorance is no excuse. 

Attend this webinar to gain guidance and practical tips on how to successfully market your hemp-derived products consistent with the requirements of the FDA and FTC. An FTC representative will provide FTC’s perspective, summarize recent enforcement actions, and discuss the level of substantiation respondents in those actions possessed or did not possess. Industry attorneys will address legal standards, today’s ever-evolving regulatory environment, and the lawsuit risks and liabilities marketers of hemp products face.

Topics

  • Are you aware that the level of required substantiation is dictated by the detail of the claim that you make for your product?
  • Do you have documented claim substantiation processes in place to ensure your claims are substantiated and reviewed BEFORE they are published? When in doubt, do you make it standard practice to run claims by your counsel BEFORE they are published?
  • Do you know how the FDA regulates your hemp-derived product as well as how and when the Agency’s policies for certain CBD-containing products might change?

Presenters

Rich Cleland, Esq.

Assistant Director

Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission

Shawn Hauser, Esq.

Partner, 

Vicente Sederberg, LLP

Will Woodlee, Esq.

Partner

Kleinfeld, Kaplan and Becker, LLP

AHPA General Counsel

Materials/Handouts

  • Presenter slides 
  • Webinar recording
  • Labeling guidance

Cost

  • Members: $199 
  • Non-Members $399
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