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Watch Your Mouth! What You Can And Can’t Say

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CBD Expo MOUNTAIN 2019
October 11, 2019, Denver, USA
CBD Expo MOUNTAIN 2019
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CBD Expo MOUNTAIN 2019
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About speakers

Patrick McCarthy
CEO at ValidCare
David Rodman
Managing Partner & Founder at The Rodman Law Group
Asa Waldstein
VP Operations and Regulatory Affairs at Advanced Extraction LLC
Darren Kaplan
Associate Attorney at Hoban Law Group
Justin Walsh
Senior Attorney at Gleam Law

Patrick is the founder of ValidCare, and is an innovative executive with history of successfully creating, building and leading new businesses. He is a leader who focuses on creating effective partnerships, working with others in an industry to help advance overarching strategies, growth, opportunities and results. Patrick is highly experienced in industries including canna-products, healthcare and pharma. He's led efforts to build global software and app-based solutions, market intelligence analytics, and strategic consulting services to drive success.

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As an attorney with an extremely wide range of clientele, he has truly learned to expect the unexpected. Mr. Rodman’s unique background in finance, securities, intellectual property, and corporate law has given him a an incredibly diverse set of tools to deploy on behalf of his clients, tools that allow him to craft solutions to each client’s specific legal, business, and regulatory needs. Dave does not believe in a “one size fits all” approach to the law. He is one of the only lawyers in the world with active clients in both the cannabis and cryptocurrency/blockchain markets.

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Asa Waldstein, Certified Clinical Herbalist (CCH) has nearly 20 years experience developing and deploying organizational change strategies, quality systems, and compliance education across divisions of the dietary supplement industry. He has helped lead the introduction of over 100 increased bioavailability liposomals marketed in a compliant and effective manner. He brings his experience to Advanced Extraction LLC, where he is VP of Operations and Regulatory Affairs. Asa has helped oversee three FDA GMP inspections with no 483’s. He is an educator on the nuances of how to market products via social media, blogs, and label statements without making health claims and without falling into common plaintiff attorney zones such as Prop 65, Made in the USA, and misleading promises. Asa was recently elected to a three year term as a Board of Trustee member at the American Herbal Products Association (AHPA). This will allow him to continue to help drive hemp regulations and compliance forward during this important time in the industry. He is also a member of the AHPA Cannabis and Government Relations Committees. When not at work Asa can be found wandering the Rocky Mountains wildcrafting medicinal herbs with his family, snowboarding, or traveling to remote jungles and beaches in search of bizarre wildlife and serene bliss.

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Darren Kaplan has been with Hoban Law Group in various roles since 2016. He became an associate attorney with the firm in 2018. He completed his undergraduate degree at the University of Central Florida and earned his law degree at the University of Denver Sturm College of Law. Darren's work is primarily focused on commercial litigation and regulatory compliance, but he enjoys working across all of the several and interesting legal practice areas surrounding the cannabis industry. Darren currently serves as Secretary-Treasurer of the Cannabis Law Section of the Colorado Bar Association.

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Justin is a Senior Attorney at Gleam Law and represents cannabis, hemp, and CBD clients in business transactions, administrative actions, civil litigation, and risk management. In addition, Justin is an expert on industrial hemp and CBD law, particularly as it applies to labeling, risk management and business decision making with regard to products and logistics. In this presentation, Justin analyzes the current state of Industrial Hemp and CBD in light of the 2018 Farm Bill. This presentation looks at the history of hemp, from the implementation of the Controlled Substances Act, through interim cases involving hemp; the implementation of the 2014 Farm Bill and Industrial Hemp Pilot Program, including federal interpretations and guidance; as well as the impact of the 2018 Farm Bill on Industrial Hemp and hemp-derived cannabinoids. Finally, the presentation looks to the pragmatic impacts of the recent legislation, including an analysis of new federal law and state enforcement actions.

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About the talk

With various levels of legalization taking place nationwide, ensuring that your messaging falls within legal guidelines is crucial. One incorrectly used word could potentially result in fines, shutdowns, and more. Here, we give you the ins and outs of precisely what can and cannot be said in your messaging. Stop having to worry about whether or not you are in compliance.

00:20 Introduction

02:30 Current CBD classification

07:34 Classification of CBD oil

10:37 CBD and hemp as supplements

12:56 Product labeling of CBD and hemp

18:55 Risks of the social media space

21:09 Are you liable for your social media comments?

25:18 Claims related to a disease

27:22 Are manufacturers liable for the claims of the seller?

29:27 How to properly word pain and inflammation?

32:38 Organic certification

34:34 Building customer trust

37:18 How to properly talk about CBD effects?

40:15 Talking about CBD cosmetics

41:57 FDA Citizens Petition

44:28 CBD regulations and what it means for claims and marketing

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Patrick McCarthy, I'm CEO of ValidCare. We are a market intelligence business for cannabis products. I got a 30 + year. I'm probably as old as I look background I have to turn in license but not practicing in on the business side of Pharma Med product Med device Market intelligence in all of those and we brain consumer insights and even Asian insights or research insights back to Brands so they can better power the product development and their marketing but with that like many of you in the crowd we're receiving data from consumers that has

major implications if you turn it around and you speak it outbound, so I'm of really interested to If you hear a lot of the perspectives hear perspectives from our esteemed guests with that said couple of things other than Asa. You have no attorney-client privilege. And also none of this is legal advice. So always a disclaimer when you got attorneys, right? So but for a larger consulting fee, I would think yesterday and all of the mindset that FDAs got a really hard job to do right now and the heart got ahead of the horse and no sense and Pickett in

pointing fingers, but FDA has a job to do to protect consumers from product safety and also our pets too so we're all trying to help them and all that we talked about up here is giving great deference to FDA in the challenges. They have when they regulate things are going to

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Patrick McCarthy
David Rodman
Asa Waldstein
Darren Kaplan
Justin Walsh