As Courts Punt CBD Class Actions, Attys Wait For FDA To Act
Law360 (July 2, 2020, 6:07 PM EDT) — A string of federal courts have paused consumer class actions against CBD companies until the U.S. Food and Drug Administration issues long-anticipated rules governing the products, but litigants say the regulations, once finalized, are unlikely to resolve any of the issues raised by the cases.
At least three federal judges have stayed the actions, citing the doctrine of primary jurisdiction, under which courts can defer matters where a regulator has primary oversight. But the decisions have left some attorneys grumbling, saying the FDA’s rules are neither imminent nor likely to be decisive.
“The FDA has given no time frame for when…