Blogs
Tracy Jong on the Debbie Nigro Show: CBD Hoopla
by evansfox | Feb 6, 2019 | Uncategorized
The Debbie Nigro Show Need Help Understanding All This CBD Hoopla? Me Too! Luckily I Found Just the Gal! Tracy Jong joins me today at 11:20 am eastern. Her Tracy Jong Law Firm in Rochester NY. is immersed in and well versed in this topic, as well as cannabis related...
FDA CRACKDOWN ON CBD PRODUCTS FOR HUMAN CONSUMPTION AND A POSSIBLE LOOPHOLE
by evansfox | Feb 3, 2019 | CBD, General Business, Government, Restaurants & Bar
The FDA made clear that it will not hesitate to warn consumers and initiate enforcement actions against CBD companies. On January 3rd, 2019 the FDA seized CBD products from Neverlow Glass Gallery smoke shop in Arizona. The FDA seized eight chocolate bars, gummies, and...
LEGALITY OF CBD DIETARY SUPPLEMENTS
by evansfox | Jan 31, 2019 | CBD, Tips For the Entrepreneur
There is little information provided by the Food and Drug Administration (“FDA”) about how Hemp-CBD products for human consumption (foods, dietary supplements, and cosmetics) should comply with the FDA requirements, and it could be another 18 to 24 months before the...
CBD TRADEMARKS
by evansfox | Jan 27, 2019 | CBD, Copyright, Tips For the Entrepreneur, Trademark
With the passage of the 2018 Farm Bill which legalized industrial hemp by removing the crop from the Controlled Substance Act’s definition of “marijuana,” will lead to increased sales and opportunities for hemp-derived cannabidiol (“Hemp-CBD”) companies in 2019. Let’s...
TRADEMARK PROTECTION FOR CBD PRODUCTS
by evansfox | Jan 25, 2019 | CBD, Copyright, General Business, Tips For the Entrepreneur, Trademark
Choosing branding that will not infringe the trademark and/or copyright rights of a third party is a critical step in developing a sound and fiscally responsible marketing strategy. Infringing will not only result in paying substantial damages to the pre-existing...
CHOOSING A BUSINESS OR BRAND NAME FOR A CANNABIS BUSINESS
by evansfox | Jan 22, 2019 | Uncategorized
When cannabis business owners choose a name for their company and for their brand of products and services, they need to ensure that the business name and brand selected will not infringe the trademark rights of anyone else. Just because marks related to cannabis...
CBD-INFUSED FOOD AND BEVERAGE PRODUCTS
by evansfox | Jan 22, 2019 | General Business, Government, Restaurants & Bar
Manufacturers of CBD-infused foods and beverages must comply with the Food and Drug Administration labeling rules. Currently, it is “unlawful under the FDCA to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or...
YESTERDAY’S ORAL ARGUMENTS AT THE SUPREME COURT ON A CASE THAT COULD SHAKE UP THE ENTIRE ALCOHOL INDUSTRY
by evansfox | Jan 17, 2019 | Distillery, General Business, Government, Restaurants & Bar, Retail Liquor License
Yesterday, we looked at the background of an important case at the Supreme Court, Tennessee Retailers Association v. Byrd, et. al. Oral arguments were held January 16, 2019 at the United States Supreme Court. A link to the transcript can be found here. A decision...
Today the Supreme Court hears arguments on a case that could shake up the entire alcohol industry
by evansfox | Jan 16, 2019 | Craft Beverage Branding, Distillery, General Business, Government, Restaurants & Bar, Retail Liquor License, Wineries
My practice focuses on businesses in the alcoholic beverage industry. Trafficking in the manufacture and sale of alcohol is heavily regulated at the federal, state and local level, presenting many unusual issues not faced by our other business clients. Today,...
Yelp Can be a Liability to Your Retail Liquor License
by evansfox | Jan 16, 2019 | Restaurants & Bar, Retail Liquor License
A client holding a retail liquor license recently reported to our office a difficult exchange with a State Liquor Authority (SLA) investigator visiting its establishment. The investigator raised a potential violation over inconsistent “open hours” described on various...
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