The FDA, the FTC, Florida Regulators and Advertising Medical Benefits of CBD
Nichole Geary, Floridian Partners, LLC
The federal government has made it clear the policy on CBD oversight and enforcement is very different than federal policy regarding marijuana. The FDA and the FTC have taken active roles regulating in this space. Medical and health benefit claims by CBD producers and sellers can trigger enforcement actions at the federal level and can result in civil liability at the state level. This presentation provides an overview of current regulations and a summary of recent enforcement actions.
Nichole Geary is a government affairs consultant and attorney with Floridian Partners, LLC. Under the firm’s government affairs division, she specializes in health care policy, medical cannabis regulation, strategic business consulting and general legislative and executive branch advocacy. Under the private practice of law division, she focuses on health care regulatory compliance and operations.
Most recently, Nichole served as general counsel for the Florida Department of Health, where for the last three years she supervised and managed all legal departments within the agency including the Prosecution Services Unit, which serves as the prosecution arm for all licensure disciplinary cases before the state medical boards and councils. She served as lead counsel to high profile agency programs including the state Trauma Program, the agency managed Medicaid plan, Children’s Medical Services, and the Office of Medical Marijuana Use. She regularly represented the agency before medical boards, councils, and legislative committees.
Prior to her role as general counsel for the Department of Health, Nichole’s practice in the private sector focused on health care matters including physician contracting, applications and organizational documents for Accountable Care Organizations, and litigation support for medical malpractice and consumer action claims. She served as outside counsel for the nation’s largest refractive eye surgery company providing litigation management, risk management, transactional support, and regulatory guidance at the state and federal level including professional liability, FDA, FTC, HIPAA, STARK and AKS compliance-related issues.
Nichole earned her juris doctorate, magna cum laude, in 2011 from the University of Miami and her Bachelor of Arts from Knox College.