[E-trademarks] Controlled Substances Act (CSA) THC

[Kathryn A Porter]

Hi Richard,

The CSA does apply to retail services, but you have the “magic .3% language” included so your ID doesn’t technically violate it. However, the ingestible CBD products violate the FDCA, so by extension, the retail services would also violate the Food, Drug and Cosmetic Act (FDCA).

Check out the Office Action for LIMITLESS CBD, Serial number 90630288. The ID is similar to yours and the OA lays out the issues/remedies for the CSA and FDCA in regards to the online retail store services.

On a positive note, the examiner would have allowed only the topical CBD lotions, creams, oils, etc. to proceed. So you can get half of your ID approved.

Best regards,

--
Kathryn A. Porter
Kathryn A. Porter, PA
1661 West Ave Unit 398795
Miami Beach, FL 33139
kap at KPorterLaw.com <mailto:kap at KPorterLaw.com>
305-677-9588 office

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> On Oct 1, 2024, at 2:44 PM, Richard Morris via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> Dear All:  
>  
> Would these services violate the Controlled Substances Act (CSA)?    
>  
> Class 035:    Online retail store services featuring herbs, spices, chocolates, beverages, candy, cookies, cakes, any hemp in the foregoing goods having a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis and containing only naturally occurring trace amounts of CBD; Online retail store services featuring non-medicated skin and body topical lotions, creams and oils, any CBD in the foregoing goods being solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
>  
> Or does the CSA only relate to CBD/THC products – and not retail services?    I thought the sale of food products with CBD/THC of any concentration was banned.  
>  
>  
> It is unlawful to introduce food to which CBD, an “article that is approved as a new drug,” has been added into interstate commerce or to market CBD as, or in, dietary supplements, regardless of whether the substances are hemp-derived. 21 U.S.C. §§321(ff)(3)(B)(ii), 331(d), 355(a); see also 21 U.S.C.  §352(f)(1) regarding mislabeled drugs.  See also Statement from FDA Commissioner Scott Gottlieb, M.D., on signing of the Agriculture Improvement Act and the agency’s regulation of products containing cannabis and cannabis-derived compounds. 
>  
>  
>  
> Thanks
>  
>  
> Richard L. Morris, Jr., Esq.
> 1-800-4-TRADEMARK, P.A.
> Ph.  800.487.2336  Ph.  305.673.6686   
> www.4trademark.com <http://www.4trademark.com/>
>  
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