FDA Disclaimer and Privacy Policy

Privacy policy

This privacy policy ("Policy") describes how Earth Florida Inc. ("Earth Florida Inc.", "we", "us" or "our") collects, protects and uses the personally identifiable information ("Personal Information") you ("User", "you" or "your") may provide on the earthflorida.com website and any of its products or services (collectively, "Website" or "Services"). It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Collection of personal information

We receive and store any information you knowingly provide to us when you create an account, make a purchase, fill any online forms on the Website. When required this information may include your email address, name, phone number, address, credit card information, bank information, or other Personal Information. You can choose not to provide us with certain information, but then you may not be able to take advantage of some of the Website's features. Users who are uncertain about what information is mandatory are welcome to contact us.

Collection of non-personal information

When you visit the Website our servers automatically record information that your browser sends. This data may include information such as your device's IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics.

Use of collected information

Any of the information we collect from you may be used to improve customer service and respond to queries and emails of our customers; process transactions; send notification emails such as password reminders, updates, etc; run and operate our Website and Services. Non-Personal Information collected is used only to identify potential cases of abuse and establish statistical information regarding Website usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Billing and payments

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. Where necessary for processing future payments and subject to your prior consent, your financial information will be stored in encrypted form on secure servers of our reputed payment gateway service provider who is beholden to treating your Personal Information in accordance with this Privacy Policy. All direct payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Website or Service, please contact us.

Online Shopping:

YOU MUST BE TWENTY-ONE (21) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY-ONE YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Cookies

The Website uses "cookies" to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for statistical purposes to operate our Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services.

In addition to using cookies and related technologies as described above, we also may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on the Website. These companies may deliver ads that might also place cookies and otherwise track user behavior.

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. Our Website does not track its visitors over time and across third party websites. However, some third party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email, mail you a letter.

Legal disclosure

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and personal data will likely be among the assets transferred.

Changes and amendments

We reserve the right to modify this Policy relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Warning:

Earth Florida is not intended for use by persons under 21 years of age. Consult a physician before using any of our Products if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other medications.

FDA DISCLAIMER

These statements have not been evaluated by the food and drug administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease.

Earth Florida offers legal industrial hemp that is grown pursuant to a cultivation license under Section 7606 of the 2014 U.S. Farm Bill. The Farm Bill defines ‘‘industrial hemp’’ as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. By using this site you agree to follow the Privacy Policy and all Terms & Conditions printed on this site.
Earth Florida makes NO guarantees that any person will be able to pass a drug test after using our products.

 

Legality of CBD Food Products

Our industrial hemp-derived cannabidiol (CBD) products are legal to buy, possess consume and sell in the United States as well as many other countries.   The FDA considers Hemp and Hemp-derived cannabinoids (including CBD) to be food-based products, and non-psychoactive hemp is NOT included in Schedule I of the Controlled Substance Act.

Our hemp products are considered food or dietary supplements, and our CBD is a natural constituent of the hemp plant/hemp seed and stalk oil and is not synthetic or artificial; therefore, our naturally-derived, industrial hemp-based CBD is exempt from Schedule I, just as any other constituent of non-psychoactive industrial hemp.

Legality of Domestic Industrial Hemp

Our hemp products are produced under the lawful authority of the Federal Farm Bill Act of 2014, which defines industrial hemp as Cannabis sativa L. with a delta-9 Tetrahydrocannabinol (THC) concentration of not more than .3 percent. All of our products are lab-tested and certified to be at or below this .3% legal threshold.

The United States Court of Appeals for the Ninth Circuit in Hemp Industries Association, v. Drug Enforcement Administration, 357 F.3d 1012 (9th Cir. 2004), recognized that non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant, fits within the plainly stated exemption to the CSA definition of ‘marijuana.’ Id. at 1017. As such, the court determined that the government (i.e. DEA) has no authority under current law to completely ban “THC that is found within the parts of Cannabis plants that are excluded from the CSA’s definition of ‘marijuana’ or that is not synthetic.” Id. at 1018. Industrial hemp is legal to import under the Controlled substances Act (CSA). Since 1937, the federal statute controlling marijuana has excluded the stalk, fiber, oil and sterilized seed of the plant Cannabis Sativa L., commonly known as hemp, from the definition of marijuana. 21 U.S.C. 802 (16), and again in reference to 2-6-04 Ninth Circuit Court of Appeals ruling.

The sale, production and distribution of CBD oils/products derived from industrial hemp is not in violation of the Controlled Substances Act (CSA). In Hemp Indus. Ass’n. v. DEA, 357 F.3d 1012 (9th Cir. 2004), the Ninth Circuit ruled that naturally occurring cannabanoids in industrial hemp foods, including oil, were never scheduled under the CSA; therefore, the DEA has no jurisdiction. This means that CBD, and even THC, when in industrial hemp oil, are legal.

Industrial hemp products are not considered “marijuana” under the CSA. A company may acquire, possess, and produce products that are not defined as “marijuana.” The CSA definition of “marijuana” expressly and intentionally excludes “the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” See 21 U.S.C. § 802(16). Thus, industrial hemp stalks, fibers, oils, or cakes derived from a hemp plant i are not legally defined as marijuana, and are, therefore lawful to possess. The DEA has no authority to regulate drugs that are not scheduled/defined. Id.; Hemp Indus. Ass’n. v. DEA, 357 F.3d 1012, 1014 (9th Cir. 2004).

Even industrial hemp containing THC is lawful under the CSA because natural THC that is not derived from “marijuana” is lawful under the CSA. The DEA can regulate products containing natural THC if it is contained within “marijuana,” and can regulate synthetic THC of any kind. But it cannot regulate naturally-occurring THC not contained within or derived from “marijuana,” i.e., non-psychoactive hemp products, because non-psychoactive hemp from the stalks and fibers of such a plant are not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled/defined. And the definition of THC under the CSA includes only synthetic THC. 21 C.F.R. § 1308.11(d)(27); Hemp Indus. Ass’n. v. DEA, 357 F.3d 1012, 1014 (9th Cir. 2004)(quoting Hemp Indus. Ass’n v. DEA, 333 F.3d 1082, 1089 (9th Cir. 2003).

Please check your country’s legal status of cannabidiol (CBD) before ordering with us. It is your responsibility to know your country’s laws before ordering with us; we are not liable for knowing the status of cannabidiol (CBD) in every country.

Contacting us

If you have any questions about this Policy, please contact us.

This document was last updated on February 10, 2019