Sara M. Klock is an Associate in our Washington D.C. office
Dr. Amy Abernethy, Deputy Commissioner of the U.S. Food and Drug Administration (FDA), and Lowell Schiller, Principal Associate Commissioner for Policy (who co-chaired FDA's cannabidiol (CBD) working group) released a statement on June 19, 2019, underscoring FDA's commitment to "sound, science-based policy on CBD." This statement follows FDA's public hearing on May 31, 2019, where the agency heard from various industries and consumers about the safety, manufacturing, quality, marketing, labeling and sale of products containing cannabis or cannabis-derived compounds.
The statement reiterates FDA's long-standing position on CBD, which is that CBD products will be treated "just like [] any other substance," including applying the appropriate regulatory authorities. As such, "it is currently illegal to put into interstate commerce a food to which CBD has been added, or to market CBD as, or in, a dietary supplement." However, FDA is aware of the considerable public interest in CBD food, dietary supplement, cosmetic and pet products. The agency is committed to listening and learning from stakeholders, and evaluating regulatory frameworks for non-drug uses of CBD. FDA is encouraging the public to submit written comments to the public docket, which will remain open until July 16, 2019.
Class Action Telephone Order Suit Filed
In Tiffin EPS, LLC and Tiffin Mount Airy, LLC v. Grubhub, Inc., Case No. 2:18-cv-05630-PD, plaintiffs have filed a class action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, accusing the defendant of a "misleading" scheme involving "sham telephone orders." The lawsuit alleges that Grubhub has been charging commissions on phone calls that are routed through Grubhub, even if the calls do not result in a customer placing an order.
Food and Beverage Law Update: July 2019
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