17 September 2016

Here’s Hoban & Feola’s advice in their latest weekly update

UPDATED NOTICE RE: SHIPPING CBD PRODUCTS TO MISSOURI

Two weeks ago, we notified you that on August 9, 2016 the Missouri Attorney General filed suit seeking an injunction and civil penalties against Planet Health Market, LLC, a distributor of CBD products.

The suit alleged that Planet Health violated Missouri state law by producing and distributing CBD products without possessing a state-issued hemp extract registration card.

We recommended against shipping CBD products to Missouri for the time being pending resolution of the Planet Health suit.

In early September, we received a copy of the Court Order closing this case. 

Paragraph 6 of this decision bars Planet Health from claiming that the Attorney General endorses its practices (e.g., selling CBD without the state-issued license).

Then, in Paragraph 16, the court orders that Planet Health is enjoined from advertising or selling CBD in Missouri without a state license and paragraph 17 provides for penalties of $5k/violation for any violation of the proposed order.

At this time, our firm still advises against clients resuming shipments of CBD products to Missouri.