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The book, which started as an article for the New Yorker, is based on the 1970 friendly fire shrapnel death of Iowa soldier Michael Eugene Mullen. It chronicled his parents’ doubts about the Army’s official account of the death, their quest for answers and the transformation of his mother, Peg Mullen, into an ardent antiwar activist. She died in October.

Although Bryan wrote extensively for several magazines throughout his career, he was best known for “Friendly Fire.”

In addition to his wife, survivors include two daughters, a son, a stepson and a stepdaughter.

C.D.B. Bryan, whose full name was Courtlandt Dixon Barnes Bryan, was born in New York City in 1936. He always enjoyed writing and credited his stepfather, novelist John O’Hara, with nurturing his interest in fiction.

CBD and CBD-containing products are ubiquitous, yet there is significant misunderstanding about their regulatory status. CBD is cannabidiol, one of more than a hundred different active compounds that can be derived from the hemp plant. The 2018 Farm Bill changed the legal status of hemp, separating it from the Schedule 1 substance known as “marihuana” under the Controlled Substances Act. The effect was to decriminalize the plant that meets the definition of hemp, as well as its derivatives. But, as the Food and Drug Administration (FDA) was quick to point out just hours after the President signed the bill, FDA’s requirements relating to food, beverages, dietary supplements, cosmetics and other products regulated by the federal Food Drug and Cosmetic Act (FD&C Act) were not modified.

CBD litigation in 2020 reinforced a several things about the CBD (and other hemp derivatives) industry, including:

These claims are generally met with motions to dismiss that pursue preemption, primary jurisdiction or standing arguments. Primary jurisdiction has largely been the most successful of these, leading multiple courts to stay the litigation while FDA continues to pursue rulemaking. See, e.g., Snyder v. Green Roads of Florida LLC, Case No. 0:19-cv-62342 (S.D.Fla.). Multiple courts have noted that “FDA is under considerable pressure from Congress and the industry to expedite the publication of regulations and policy guidance regarding CBD products.” See, e.g., Colette et al v. CV Sciences, Inc., 2:19-cv-10227 (D.D.Cal.)(referencing Snyder). However, these primary jurisdiction arguments are not always successful, as one defendant in a Florida action discovered. In that case, the judge ruled that no matter the outcome of FDA rulemaking, it would not be expected to allow actual CBD content to differ from labeled CBD content, as the suit claimed. See Potter v. PotNetwork Holdings Inc. et al., Case No 1:19-cv-24017 (S.D.Fla.). Nonetheless, we cannot expect stays to last indefinitely, especially if FDA is not seen as making any progress. The experience with proposed FDA rulemaking in the “naturals” space will likely serve as a good guide here.

From a regulatory perspective, 2020 was “more of the same” from FDA. FDA continues to seek public input on the regulation of CBD, but has not taken any formal action regarding regulatory clearance for use as an ingredient in FDA-regulated products. FDA has, however, continued to issue Warning Letters companies making egregious claims or distributing contaminated product. FDA issued 21 Warning Letters, more than half of which were focused on impermissible COVID-19 claims. Other claims included those relating to cancer, pain relief, arthritis, artery blockage, heart disease, immune disorders, diabetes/blood sugar control, stress and anxiety, ADHD, depression, and more, and FDA continues to assert that use of CBD in foods or beverages constitutes impermissible addition of a drug to such products, in violation of the FD&C Act. FDA considers company websites, social media posts (including retweets), marketing materials and more to assess the claims made by a company.