CBD Product Marketing Not Yet for Judges to Decide, cbdMD Says

The task of deciding whether and when cannabidiol products may be sold “is not the proper function of a judge or jury deciding the issue one case, one company, one purchase or even one product at a time,” cbdMD Inc. told a California federal court.

Cynthia Davis, who bought “Inflammation Formula,” alleged cbdMD’s tinctures and other products were illegally sold as unapproved drugs. She seeks to represent a California class and a nationwide class.

But the suit, which challenges the legality of selling CBD-containing products altogether, should be dismissed on primary jurisdiction grounds because of pending legislative and regulatory action, ...