Over the past year, more and more consumer class actions have
been filed against manufacturers and distributors of CBD-infused
products. These actions typically assert claims based on how the
product is marketed, such as whether it (i) contained the
advertised amount of CBD, (ii) contained more THC than it should
have or (iii) has the ability to provide the therapeutic benefits
touted. The marketing of these products is subject to regulation by
FDA, which has yet to issue pertinent regulations that have been
expected since passage of the 2018 Farm Bill legalizing hemp and
CBD products derived therefrom. Thus, in recent months, a number of
federal courts have stopped these class actions in their tracks
pending further guidance from FDA as to how CBD-infused products
should be regulated. This growing body of precedent should be
welcome news for the CBD supply chain, as it may provide a
disincentive to the plaintiffs' bar to expend their resources
on similar actions until
