Cannabis Use in the Health & Beauty Industry: The Regulatory Landscape


CLE Credits earned: 2 GEN

Cannabis has been used for centuries, not just to smoke, but in various products like fabrics, yarns, paper, and food and beverages. A burgeoning use for the cannabis plant is in the multi-billion dollar health and beauty market. Due to the current flux in legalization and the ongoing friction between state and federal governments in the United States, there remains uncertainty as to the legality of using cannabis, or its various extracts and byproducts, in health and beauty products. Perhaps more concerning is the lack of regulation of these products and the numerous statements as to the benefits of cannabis and its extracts. Tonya Esposito, Partner at Seyfarth Shaw, and Stan Jutkowitz, Counsel at Seyfarth Shaw, will lead an insightful discussion addressing the current state of the law.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   The distinction between cannabis, marijuana, and hemp
•   The difference between hempseed oil and CBD oil
•   The legal and regulatory framework of these various plants and products in everyday health and beauty products
•   Current enforcement and/or litigation trends and forecast

Date / Time: July 26, 2018

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: July 26, 2018

Tonya Esposito, Esq. is a partner in the Litigation Department at Seyfarth Shaw LLP’s Washington, D.C. office. She is an experienced antitrust, advertising, and financial services lawyer who has represented numerous clients in private litigation, as well as in several government investigations brought by the state Attorneys General, the Food and Drug Administration, the Federal Trade Commission, the U.S. Department of Justice, and the Consumer Financial Protection Bureau.


Ms. Esposito’s practice includes representing clients in multinational cartel investigations and litigation, as well as in complex commercial matters including class action litigation. She also counsels clients on compliance issues concerning state and federal competition laws.


Ms. Esposito’s advertising practice includes representing companies in substantiation proceedings and investigations conducted by the FTC, the FDA, and the state Attorneys General. She develops and facilitates the implementation of compliant advertising and marketing campaigns. She regularly represents dietary supplement, weight loss and wellness companies, food manufacturers, and a variety of retailers.

Financial Services

Ms. Esposito has extensive experience representing large financial institutions in both litigation and compliance matters. She represents clients in litigation involving claims brought under the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the state deceptive acts and practices laws (UDAP), and internal and government investigations resulting from the mortgage foreclosure crisis of 2008. She also represents large financial institutions before the Consumer Financial Protection Bureau investigations and state Attorney General in connection with mortgage servicing and debt collection practices.

White Collar Litigation and Government Investigations

Ms. Esposito has represented both companies and individuals in all phases of government and internal investigations as well as in enforcement proceedings. Major representations include clients in the transportation, life sciences and healthcare, financial services, technology, and energy industries.

Firm and Community Involvement

Ms. Esposito is Chair of Seyfarth’s Washington, DC Diversity and Inclusion Action Team.

Ms. Esposito also sits on the Board of Trustees of her alma matter, Trinity College (now Trinity Washington University). Prior to her appointment to the Board of Trustees in 2017, Ms. Esposito was a member of the Alumnae Association of Trinity College (“AATC”) and held a number of positions from 2008 through 2017, including Washington, D.C. Regional Director and Treasurer.

In addition, Ms. Esposito is actively involved with Lafayette Elementary School’s Home and School Association and currently serves as the Co-Treasurer. Lafayette is a public elementary school located in the District of Columbia.


J.D., American University Washington College of Law (2001)
B.A., Trinity College, Washington, D.C. (1996)

Stanley S. Jutkowitz, Esq. concentrates his practice on domestic and international business transactions and tax planning, counseling on corporate and business matters, and real estate transactions.

His transactional experience includes representation of emerging and other privately and publicly held companies in connection with mergers and acquisitions, debt and equity financing, venture capital transactions and public offerings of stock and tax planning and structuring entities for both inbound and outbound cross border mergers and acquisitions. This experience includes counseling government contractors on mergers and acquisitions, acting as lead counsel in the formation of a number of industry sponsored business-to-business exchanges, representing a US company in tax planning and structuring several joint ventures and acquisitions in the Middle East and Central Asia, representing a US company in the tax planning for the acquisition of companies in South America, Europe and Russia, representing a foreign entity attempting a hostile takeover, representing an international real estate group in connection with the development of a casino in South America and representing a defense technology company obtaining venture capital financing and relocating to the United States.

He regularly acts as outside general counsel to privately held companies and advises clients on choice of entity, business planning, international business issues, structuring transactions, shareholders and other business agreements, licensing, technology agreements, joint venture agreements and limited liability company agreements.

His tax experience includes counseling on cross border mergers and acquisitions, treaty analysis, structuring tax efficient international joint ventures, advising institutional investors on tax efficient structures, advising clients on FATCA requirements, and general corporate and partnership tax counseling.

His real estate experience includes the acquisition, development, sale and leasing of commercial, retail and residential property on behalf of domestic and foreign investors, and the representation of specialty users of real estate, such as companies with security clearance, technology companies and biotech companies.

He is the founding editor of the firm’s marijuana law blog, The Blunt Truth ( and heads the firm’s cannabis practice.


J.D., George Washington University, with honors (1978)
B.A., Northwestern University (1975)

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Section I. What’s the difference between Cannabis, Marijuana, and Hemp?

Section II. Is it legal to use these products and their oils in health and beauty products?

Section III. What enforcement agencies are regulating this use?

Section IV. What’s the current state of the law and how is it changing?

Section V. What potential issues are on the horizon?

Section VI. What should health and beauty, and wellness companies be prepared for in the near future?