Lindsey A. Streicher

Lindsey A. Streicher,
Attorney

612.332.4020

lstreicher@brownsonnorby.com

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Phone: 612.332.4020
Email:
lstreicher@brownsonnorby.com

Lindsey is the Chair of the firm’s CBD Oil Practice Group, and is highly knowledgeable about CBD and the attendant legal issues. As part of both her focus on CBD as well as her general regulatory law practice, Lindsey keeps industry clients compliant with ever-changing rules and regulations. She also works with corporations and insurance companies on litigation regarding insurance coverage, product liability, and asbestos defense.

Regulatory law is complex and the ball rolls so much faster. It is challenging, but satisfying to know I have a handle on a moving target.

Regulatory and administrative law is a dynamic field, requiring agile navigation of the rules and regulations imposed by federal agencies including OSHA and FDA, as well as state and local-level agencies. Lindsey monitors the news and regularly attends national conferences, staying up-to-the-minute on the regulatory climate and industry developments. She has a natural facility for transforming complex information into understandable terms, and is often the first to blog about legal developments important to clients.

Lindsey sees cohesion between tenacious investigation, meticulous research, and persuasive writing, driving her to discover and unveil all accessible facts, even when they are difficult to unearth.

I love the deep dive. I use creative searches and new resources to uncover what is there to strengthen my client’s case.

She excels at building a case with early legal analysis and fact development to craft a persuasive argument for prompt resolution of litigation matters. Strategically anticipating arguments, she writes concise, straightforward analyses for her clients. She adeptly organizes vast amounts of information to extrapolate the data necessary to develop case strategy and prepare cohesive legal arguments and motions.

In addition to her practice, Lindsey also manages the firm’s Law Clerk Program, and serves on the Board of Fundraising and Charitable Activities. She is an active in the ABA as a member of the Administrative Law and Regulatory Practice Section. In 2018, Lindsey was named as a ‘Cannabis Law Expert.  Lindsey was recently profiled as a young regulatory law superstar in the “2017 Next Generation Attorney Special Issue” of Attorney at Law.

Bar Admissions

  • U.S. District Court, District of North Dakota (2017)
  • U.S. District Court, District of Minnesota (2016)
  • Minnesota (2016)
  • Wisconsin (2015)

Education

  • J.D., cum laude, William Mitchell College of Law, St. Paul, Minnesota (2015)
  • Post-Bacc. Paralegal Certificate Program, Hamline University, St. Paul, Minnesota (2009)
  • B.A., University of Minnesota, Minneapolis, Minnesota (2008)

Memberships

  • Federal Bar Association (FBA)
  • American Bar Association (ABA)
    • Administrative Law and Regulatory Practice Section
  • Minnesota Defense Lawyers Association (MDLA)
  • Defense Research Institute (DRI)
  • Wisconsin Bar Association (WisBar)
  • National Cannabis Bar Association

Blogs

Brownson • Norby Submits Comment on International Scheduling of Cannabis Extracts

On October 31, 2018, Brownson • Norby, PLLC submitted to FDA a comment in response to FDA's request for input from stakeholders, the cannabis industry, and other interested persons concerning the "abuse liability and diversion of" substances including the cannabis plant and resin, extracts and tinctures of cannabis, and THC. Oct. 10, 2018 Request for Comments. FDA's request for comments was Continue Reading

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North Dakota Supreme Court to Hear Arguments on CBD

On Monday November 26, 2018, the North Dakota Supreme Court will hear arguments in the matter State v. Abuhamda. Background The appeal arises from a criminal matter pertaining, in part, to the sale of products containing cannabidiol ("CBD"). On May 15, 2017, law enforcement seized several products from Abuhamda's stores, and charged him with seven counts, including delivery of a controlled Continue Reading

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Brownson • Norby, PLLC Submits Comment to FDA on CBD

On April 23, 2018, Brownson • Norby, PLLC submitted to FDA a comment regarding cannabidiol ("CBD"). Brownson • Norby, PLLC Comment to FDA. The comment was in response to FDA's April 9, 2018 request for input from stakeholders, the cannabis industry, and other interested persons concerning the abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability Continue Reading

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CBD and the Midwest

This week state authorities from Wisconsin and Michigan issued statements regarding the legal status of CBD, which can be found here:   Michigan Department of Licensing and Regulatory Affairs Statement and Wisconsin Attorney General Statement Michigan On May 10, 2018, the Michigan Department of Licensing and Regulatory Affairs issued a statement (which was revised today, May 11, 2018) that states that CBD is Continue Reading

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FDA and CBD

Earlier this month, on April 9, 2018, FDA published a notice requesting comments from the public on the scheduling of cannabis-related substances ("Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol; Stereoisomers of Tetrahydrocannabinol; Cannabidiol"). See here: FDA Request for Comments. As of today, April 20, 2018--a renowned cannabis holiday--nearly 6,ooo comments have been posted. The deadline to submit comments Continue Reading

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FDA Revises Ingredient Listing Guidance Ahead of Looming Deadline

FDA has released another revision to Ingredient Listing Guidance (found here), which clarifies some longstanding issues surrounding the listing requirements (previously created for traditional tobacco products) as applied to ENDS products. The first major point addressed in the new guidance is clarifying those items for which an ingredient listing entry is required. Under the previous guidances, manufacturers were required to Continue Reading

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Indiana and CBD – A Legislative Story for the Ages

On Wednesday, March 21, 2018, Indiana Governor Eric Holcomb signed into law Senate Bill 52, which legalized CBD oil (having .3 or less THC content) for all. This comes after a turbulent set of months, which kicked off in November 2017 after the State Attorney General issued an opinion that under the applicable law (HEA 1148) CBD oil was only legal Continue Reading

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FDA Brings Nutrition Labels into the (Health-Focused) 21st Century

Today, March 1, 2018, FDA issued a statement regarding the revamped nutrition label requirements. In this modern age, where fitness and nutrition have become a larger focus in many peoples lives (see the cult-like phenomena: CrossFit, Soul Cycle, Whole 30, Clean Eating, Paleo, Keto, etc.), there has been push for more information about what exactly we are eating. Well, all Continue Reading

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Brownson • Norby, PLLC Attorneys Present on Personal Jurisdiction

On Thursday, February 22, 2018, attorneys Kristi Brownson and Lindsey Streicher presented a CLE on personal jurisdiction issues following the recent Supreme Court decision in Bristol-Myers. (See MDLA Presentation Overview.) The discussion ranged from addressing the fundamentals of personal jurisdiction analysis to identifying areas of concern for attorneys (e.g. misapplication of the analysis, courts ignoring the Supreme Court decision, etc.) While personal Continue Reading

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Brownson • Norby Gives Back

As part of the firm’s commitment to giving back to the community, Brownson • Norby attorneys Kristi Brownson and Robert Brownson began the new year by preparing and serving residents of Our Saviour’s Housing in Minneapolis on Friday, January 5, 2018. Our Saviour’s Housing serves homeless men and women with housing and meals. This work is especially vital during the Continue Reading

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Brownson • Norby Submits Comments to FDA Regarding Deeming Rule

This month, Brownson • Norby, PLLC’s Regulatory Practice Group submitted two comments relative to FDA’s regulation Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products, 21 CFR Parts Continue Reading

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FDA Publishes Goals for 2018 – See What is in Store for the Tobacco Industry

Today, December 14, 2017, FDA published a summary of its "major policy goals for 2018." Since the administration change, and since the addition Scott Gottlieb as FDA commissioner, in 2017, regulated agencies have seen a change in the direction of regulatory reform. This is due in part to the reinvigoration of the Congressional Review Act, but also can be attributed Continue Reading

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FDA Postpones Upcoming Deadlines for those in “Natural Disaster Areas”

Today, October 18, 2017, FDA updated its compliance deadlines to reflect a new extension for those manufacturers and importers "affected by recent natural disasters"--a list of such areas is provided on here.  The deadline for those in the designated areas has been moved out six months: The deadline for submission of the ingredient listing for those in the designated areas has Continue Reading

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New Rules for Retailers Accepting SNAP Benefits

At the end of 2016, the USDA published a final rule entitled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP).” See Federal Register This rule is aimed at “support[ing] healthy lifestyles for SNAP recipients”. Those retailers currently accepting SNAP benefits must adhere to the new requirements—the first of which goes into effect Monday, October 16, 2017—in order to continue accepting Continue Reading

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More Updates to the Deeming Rule Guidance – Free Samples

Today, October 11, 2017, FDA published an updated version of its "Prohibition of Distributing Free Samples of Tobacco Products" guidance, which, sets its restrictions on free samples apart from many of its other rules and requirements by extending the prohibition to components and parts. (note, in many of its recent guidances, FDA has stated an intention not to extend enforcement of Continue Reading

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FDA Deeming Rule Update

The past few weeks have seen some activity at FDA relating to the Deeming Rule, which is of particular interest given the looming deadlines for submitting the Establishment Registration and Product Listing (9/30/2017) and the Ingredient Listing (11/8/2017). Of note is that FDA is seeking industry insights and participation, presumably in an effort to better inform FDA on the ENDS Continue Reading

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FDA Publishes Revised Compliance Deadline Guidance Following Recent Pushback of PMTA Deadline

The current Deeming Rule deadlines for ENDS products that were on the market August 8, 2016 or prior are as follows: November 8, 2017 - Deadline to submit ingredient listing Deadline to remove modified risk statements from packages (e.g. "low", "light", "mild", etc.)   August 10, 2018 - Packaging requirements: Manufacturers and retailers must ensure their product packages and ads Continue Reading

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Minneapolis Bans Menthol

On August 2, 2017, the Public Health Advisory Committee—a subcommittee of the Minneapolis City Council—approved an amendment to the 2015 Minneapolis ordinance that would restrict sales of all flavored tobacco products—notably, to now include menthol, mint and wintergreen tobacco products—to “tobacco product shops”. According to the committee, the amendment is necessary to “help dissuade young people from smoking and to Continue Reading

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FDA Publishes New Compliance Deadline Chart

FDA has published its new compliance deadline chart, which sets forth the various new deadlines and to which entities such deadlines apply. The chart can be found here: FDA New Compliance Deadline Chart It further notes a clarification that: Retailers that mix and prepare e-liquids or create or modify vaporizers will be regulated as both retailers and manufacturers. Importers of tobacco Continue Reading

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It’s Official, FDA Has Postponed Deeming Rule Deadlines

Last week FDA released a statement regarding its intent to postpone the forthcoming Deeming Rule deadlines for the ENDS community. Today, FDA updated its website to reflect these new deadlines: You can find the FDA statement here: FDA Web Statement

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US Representative Hunter Introduces Bill That Could Mean Big Changes for the ENDS Industry

Today, US Representative Duncan Hunter (R-CA) introduced the "Cigarette Smoking Reduction and Electronic Vapor Alternatives Act". The Act provides various standards for vaping devices and e-liquid products, but most significantly, the Act would remove these devices from the current FDA deeming regulation designed for traditional tobacco products.  If bill becomes law as it currently reads, then some or all of the Continue Reading

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The Dormant Commerce Clause — Not Just for Civil Procedure Final Exams

On Monday, January 30, 2017, the Seventh Circuit held unconstitutional certain parts of an Indiana law which regulated the manufacture of e-liquids sold in the State. Of the law, the court noted "[w]hat is remarkable, however, is the Act’s extensive regulation beyond the manufacture and sale of e-liquid solutions in Indiana." Consequently, because the reach of the law went so Continue Reading

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FDA Final Rule: Is it a Drug/Device or a Tobacco Product?

FDA published its final rule clarifying what it considers to be the distinction between tobacco products, and products derived from tobacco that constitute a drug or device. This distinction is important because FDA has separate requirements and standards to which entities must adhere depending on whether they manufacture or sell tobacco products or they manufacture and sell drugs or devices. That said, Continue Reading

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February Deadline to Submit Health Documents Still Looms for Newly Deemed Products

While FDA has postponed the deadline to submit Ingredient Listings from February 8, 2017 to June 2017, it has yet to act with regard to the Health Document Submissions requirement. That said, February 8, 2017 remains a critical date for manufacturers and importers of newly deemed tobacco products. The guidance provided by FDA provides that for this submission, FDA seeks Continue Reading

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