Among the regulations that historically applied to hemp supplements were FDA rules barring the advertising of CBD and THC as dietary supplements, even if derived from hemp. Additionally, the FDA banned the addition of hemp-derived cannabinoids to food products sold across state lines. Now, most of these products will be banned under federal law entirely depending on, among other things, their total THC threshold per “container” as that term will later be defined by the FDA. Regulations evolve and change at a rapid clip, and at Rudick Law Group, our tailored ongoing support and guidance keep you up to date.

No, you cannot make health or wellness claims about CBD or hemp products. The FDA prohibits unapproved therapeutic, health, or structure/function claims for these products.

In some states, a license is required to sell hemp-derived topicals or edibles. Now that the federal hemp ban will bar many types of hemp products, it is that much more crucial to operate in compliance with your state’s hemp regulations and laws. Our hemp products lawyers at Rudick Law Group advise on licensure requirements and other compliance obligations, safeguarding operations and paving a path toward unobstructed growth.

If your state requires licensure to sell hemp-derived topicals or edibles, some will automatically give you authority under your license to also sell those products online, but others may require separate licensure to sell hemp products online. Without this licensure, selling hemp products online could be illegal under state law. And because many hemp products will now be illegal under federal law, the sale of such products across state lines will no longer be legally permissible, making the online sales of those products much more complicated. Retain Rudick Law Group as your legal counsel for ongoing strategic guidance in navigating this complex, often confusing regulatory landscape.

To protect your hemp product from copycats, you must register your branding, proprietary formulations, and other trade secrets as intellectual property. Doing so requires the completion and submission of complex, lengthy paperwork to the government in accordance with regulations. These processes have been further complicated by the federal hemp ban, which may now require intellectual property owners to seek state law protection of their assets, which traditionally required only federal protection. At Rudick Law Group, IP law is among our specialties, and we provide tailored support for protecting your product line.

Yes. Rudick Law Group offers tailored support for trademarking your hemp product brand, from your logo to all other company marks that appear on your packaging. We register your proprietary blends and formulations with the requisite state and federal regulatory bodies to prevent unauthorized use of your IP. 

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Protecting your brand and the manner by which to do so is more important than ever, given the potentially massive impact of the recent federal hemp ban on trademark, patent, and copyright laws that ordinarily protect hemp-related IP. Our services protect and advance your hemp company’s interests while unlocking your full potential in this rapidly emerging industry.

Our hemp supply chain lawyers structure your agreements with cultivators, processors, and co-packers to indemnify your business in the event of product recalls. We craft quality assurance (QA) clauses that require the entities in your supply chain to fulfill obligations regarding the quality of your products. 

Through our background in corporate law and an understanding of the complexities and nuances in state and federal hemp laws, we minimize liability for your products and business while expanding your supply chain with a constant eye toward growth.