In this session, we delve into potential conflicts related to Federal agencies for marketers of Cannabis products. From limitations on intellectual property protection to agency enforcement action to litigation, we will discuss the landmines and several case studies.
This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.2 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted.
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|5 usc 701-706 (164.3 KB)||Available after Purchase|
|Asa 2021 INCBA slides (754.4 KB)||Available after Purchase|
|Case Law (7.9 MB)||Available after Purchase|
Cynthia L. Meyer is a partner at Kleinfeld, Kaplan & Becker, LLP, whose practice focuses on FDA law and advertising law. She regularly provides counsel to and advocates on behalf of clients in FDA-regulated industries, particularly in the dietary supplement, food, cosmetic, and pharmaceutical industries. She advises on legal and regulatory matters involving various federal and state agencies, including the US Food and Drug Administration, Federal Trade Commission (FTC), US Department of Agriculture (USDA), and Consumer Product Safety Commission (CPSC), and has represented clients in advertising disputes in front of the the National Advertising Division (NAD). ?
Cynthia frequently speaks and writes on a host of FDA and advertising issues, including dietary supplement labeling and structure-function claims requirements, advertising claims substantiation, and the regulation of hemp/CBD. She has authored or
co-authored chapters and articles in multiple publications, such as A Practical Guide to FDA’s Food and Drug Law Regulation (multiple editions), Bringing Your Pharmaceutical Drug to Market (2015), and Law360. She currently serves on the Food and Drug Law Journal Editorial Advisory Board and has previously served on the Food and Drug Law Institute’s Advertising & Promotion for Medical Products committee and its Food Advertising, Labeling, and Litigation committee. Cynthia has also been recognized in the 2022 edition of The Best Lawyers in America® for FDA Law.?
Cynthia received her J.D. from Georgetown University Law Center and her B.S. in biology from Duke University.
Mr. Cleland joined the Federal Trade Commission’s Division of Advertising Practices in 1991. In 1996, Mr. Cleland was appointed Assistant to the Director of the Bureau of Consumer Protection and, in 1998, he was appointed Assistant Director of the Division of Service Industry Practices. He currently serves as Assistant Director of the Division of Advertising Practices. His primary area of expertise is the advertising and marketing of health-related products and services. He also supervises many of the Commission’s health fraud law enforcement initiatives. Mr. Cleland supervised the FTC’s review of the Endorsement and Testimonial Guides and the revision of the FTC’s guidance on making effective disclosures on the Internet and other digital platforms (.com Disclosures). Mr. Cleland’s most recent work has focused on supervising the Commission’s efforts to stop sellers of bogus products and services promoted to treat or prevent COVID-19.
Asa Waldstein is a Certified Clinical Herbalist (CCH) with 20 years of experience developing and implementing compliant marketing and cGMP manufacturing processes in the dietary supplement and hemp industries. Asa has formulated, manufactured, and marketed hundreds of products in a compliant manner and has helped oversee three FDA CFR 111 inspections without any 483s. Asa is Chair of AHPA's (American Herbal Products Association) Cannabis Committee. He is also founder and principal of the consulting company Supplement Advisory Group and his Regulatory Education Series platform hosts free events for the community on FDA/FTC enforcement trend analysis, social media marketing principles, and manufacturing efficiency principles.
Matt focuses on complex commercial litigation, representing clients in IP, contract, and regulatory litigation in federal and state court. He has significant expertise in federal jurisdiction and procedure. Matt is at home digging out case-changing evidence, crafting legal strategies under arcane statutes and procedures, eliciting critical deposition or trial testimony, and arguing on his feet to courts and arbitrators, all to help his clients win needed relief. Matt was honored as a 2020 Pegasus Scholar by American Inns of Court. In one of his favorite areas of complex litigation, Best Lawyers in America named Matt "One to Watch," and Thomson Reuters' Super Lawyers recognized him as a "Texas Rising Star" in IP Litigation. Based on recent pro bono work, Matt also is recognized as an authority in the byzantine federal regulatory scheme relating to cannabis research, even being named to the Law360 2020 Cannabis Editorial Advisory Board. Before joining the firm, Matt was a judicial clerk to the Hon. Rodney Gilstrap, U.S. District Judge for the Eastern District of Texas, spending hundreds of hours in court helping manage one of the busiest trial dockets in the country. Before then he was a litigator with Paul, Weiss in New York City.
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