Jonathan Robbins, chair of Akerman’s Cannabis Practice, was featured in Law360’s 2020 outlook article examining product liability cases to monitor over the next year. Robbins elaborated on the FDA’s stance and impending guidance on how to regulate products containing CBD, a non-psychoactive chemical that can be extracted from federally legal hemp plants.
An increasing number of consumer complaints and proposed class action lawsuits have been filed against CBD companies, which is to be expected in an emerging industry lacking scientific research, according to Robbins.
“To compound matters, these claims have also been fueled, at least in part, by the recent spate of warning letters issued by the FDA to companies selling CBD products about potential violations of the [Federal Food, Drug and Cosmetic Act] and its recent consumer update detailing safety concerns about CBD products. While the FDA has been more active recently, the thrust of that activity has mostly been limited to firing warning shots, rather than commencing formal enforcement proceedings, but that certainly has not hit the pause button on civil suits.”