Published: February 19, 2019

Despite the cold temperatures across much of the country, federal and state policy, regulatory, and enforcement developments have been heating up in the food and beverage space.  In the last few weeks alone:

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Published: January 30, 2019

For those who may not know, even though Florida’s legislature adopted a low-THC medical marijuana statute in 2014, 71.8 percent of Florida voters adopted a constitutional amendment to legalize all medical marijuana (MMJ) in 2016.

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Published: December 21, 2018

On December 20, 2018, President Trump signed into law the Agriculture Improvement Act of 2018 (the 2018 Farm Bill).  Among other things, the 2018 Farm Bill removes hemp from the definition of "marihuana" (marijuana) in the Controlled Substances Act (CSA), thus taking it out of Schedule I. 

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Published: September 27, 2018

The U.S. Drug Enforcement Administration (DEA) is expected to publish in the September 28, 2018 edition of the Federal Register an order scheduling U.S. Food and Drug Administration (FDA or the Agency)-approved drugs that contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols (THC) in Schedule V.

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Published: September 21, 2018

In an en banc ruling, the Ninth Circuit Court of Appeals reversed the district courts’ dismissals of various actions under the Fair Labor Standards Act ("FLSA") by former servers and bartenders who alleged that they were not paid appropriate wages for non-tipped work by their respective employers. According to the U.S. Department of Labor ("DOL") dual jobs regulation C.F.R. § 531.56(e) and its interpretation contained in its 1988 Field Operations Handbook, employees are entitled to the full minimum wage for any time spent in a non-tipped occupation.

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Published: September 13, 2018

​On Sept. 12, 2018, the U.S. Food and Drug Administration (FDA or the Agency) announced a series of significant enforcement actions related to the sale and marketing of e-cigarettes to minors.  According to FDA, this was the largest coordinated enforcement effort in the Agency’s history, comprised of over 1,300 warning letters and civil money penalty complaints (i.e., fines) to retailers who illegally sold JUUL and other e-cigarette products to minors during a nationwide, undercover blitz of brick-and-mortar and online stores this summer.

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Published: June 13, 2018

On June 5, 2018, the U.S. Food and Drug Administration (FDA or the Agency) and the U.S. Department of Agriculture (USDA) announced the alignment of USDA's Harmonized Good Agricultural Practices Audit Program (USDA H-GAP) with the requirements of the Agency’s FDA Food Safety Modernization Act (FSMA) Produce Safety Rule (Rule).

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