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Canada’s crackdown on some cannabis extracts could cost industry millions

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Health Canada has begun asking some federally licensed marijuana companies to stop selling certain ingestible cannabis products the regulatory agency says are incorrectly classified and labeled as “extracts” rather than “edibles,” MJBizDaily has learned.

The move could cost cannabis businesses millions of dollars, Canadian industry sources say, because the products in question – including some lozenges and chewable extracts – are increasingly popular among consumers.

Executives are puzzled over Health Canada’s timing, especially since some of the products in question have been on the market for years.

The apparent crackdown also comes at a sensitive time for the Canadian marijuana industry, as most publicly traded cannabis producers are still losing money.

From a packaging perspective, the distinction is important because any cannabis product classified as an “extract” has 100 times more allowable THC per package than a product classified as an “edible,” making it more appealing to certain consumers.

One letter sent to a licensee by Health Canada, obtained by MJBizDaily, requests the company to halt the sale of the flagged products.

The letter is from Anika Stella Chasse, acting director general of the Compliance Directorate in Health Canada’s Controlled Substances and Cannabis Branch.

Despite blowing the whistle, Health Canada stopped short of ordering the company to recall the products, which have been on store shelves and available to consumers.

It isn’t known if Health Canada sent a noncompliance letter to every company selling the products now under federal scrutiny or only select producers.

Health Canada did not immediately answer MJBizDaily queries for comment.

In the letter seen by MJBizDaily, the agency said that, “upon further review of the products in question, Health Canada has assessed that this product is edible cannabis and, consequently, it contains a quantity of THC that exceeds the allowable limit of 10 mg per immediate container.”

The letter goes on to define “extract,” “edible” and “food.”

“Health Canada has determined that (the products in question) are consumed in the same manner as food, and therefore fit the definition of edible cannabis,” the Health Canada letter notes.

The company that shared the letter with MJBizDaily requested anonymity.

The rules

Unlike extracts, cannabis products classified as edibles are limited to 10 milligrams of THC per package.

Shane Morris, founder of Ottawa-based Morris & Associates Consulting, noted that Schedule 4 of the Cannabis Act identifies the classifications of marijuana that can be sold.

“For all ‘cannabis extracts.’ the THC quantity must not exceed 1,000 milligrams per immediate container. This is 100 times more THC per pack than what is permitted in an ‘edible’ class of cannabis product,” he said.

All new cannabis products in Canada must follow the government’s so-called Notice of New Cannabis Product (NNCP) process, which requires licensed producers to notify Health Canada months in advance of new products.

In fact, some ingestible extracts that contain significant amounts of THC have been on the market for years.

In August 2021, New Brunswick-based cannabis producer Organigram launched its “Jolts” ingestible extracts, saying at the time it was “Canada’s first flavored high potency THC lozenge” containing “a total of 100 mg per pack.”

Organigram did not immediately respond to requests for comment from MJBizDaily, and it’s unknown if the company received a warning letter from Health Canada.

A product that has undergone the NNCP process doesn’t necessarily mean it received Health Canada’s seal of approval.

Rather, the process effectively gives the regulatory agency a heads-up ahead of time regarding all new products.

It also gives Health Canada an opportunity to address any regulatory issues with companies before millions are spent on production and marketing.

Sources at one company, which did receive a noncompliance letter, said Health Canada did not voice any concerns with the classification of the product until the regulator’s letter arrived this month.

Millions at stake

If all ingestible extracts and lozenges are pulled from the Canadian market, the industry could lose out on tens of millions of dollars in sales per year, industry sources say.

Morris estimates that in December 2022 alone, the Ontario Cannabis Store sold roughly 942,000 Canadian dollars ($600,000) worth of the “loophole” ingestible extracts in wholesale orders and via its online consumer store.

“Assuming Ontario sells approx. 40% all cannabis in Canada, then on an annual basis this would mean the retail value of these products would be approximately CA$33.9 million per annum in the recreational market, not inducing medical or Quebec where these new products are not sold,” he said via email.

Morris previously worked in operations at the Canadian Food Inspection Agency and the Public Health Agency of Canada.

He later worked at licensed producers Aurora Cannabis and Hexo Corp.

Sherry Boodram, CEO and co-founder of Toronto-based regulatory consulting firm CannDelta, said licensees agree that reducing the public health risks associated with cannabis products should always be a priority.

Boodram also said cannabis companies found creative ways to manufacture and market products to compete with the illicit market.

“For Health Canada to suddenly bring down the hammer on how these products are being classified, especially three years after (Cannabis) 2.0 products became legal, will undoubtedly cause business losses during a time when cannabis companies are already struggling,” she said.

“This could ultimately lead consumers to turn to the illicit market as legal, regulated (and tax-paying) companies go insolvent because of Health Canada’s inconsistent regulatory compliance interpretation and enforcement actions (or inactions).”

Another industry executive, who requested anonymity, said it is “highly ineffective” for Canada’s federal regulator to raise concerns for a classification of products that have been on the market for more than 18 months in some cases and “followed and met all regulatory requirements and made extensive financial investments.”

“This sudden position of concern is counter to the spirit of the Cannabis Act and will undoubtedly move consumers back to the illicit market – which operates without the safety and oversight the legal market offers,” the executive added.

“While the rules are purportedly being changed – there is minimal direction, we’re unclear where this is coming from and sense a misguided interpretation of what is deemed risky to Canadians.”

Source: https://mjbizdaily.com/canadas-crackdown-on-some-cannabis-extracts-could-cost-industry-millions/

Business

Alleged Crores Pharma Scam Mastermind Arrested from Surat

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After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.

Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.

Fake Business Deals and Dishonoured Cheques Used in Fraud

Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.

In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”

Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.

Multiple Identities and Repeated Fraud Pattern

Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.

Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.

Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.

Multi-State Surveillance Leads to Arrest in Surat

A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.

Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.

Growing Threat of Corporate Identity Fraud

The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.

Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.

Experts Urge Stronger Due Diligence in High-Value Transactions

Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.

Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.

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EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices

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A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.

Investigation Under Digital Markets Act Gains Momentum

The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.

Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.

Industry Groups Demand Swift Action

Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.

Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.

In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.

Google Denies Allegations

Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.

However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.

Potential Billion-Euro Penalties

If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.

Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.

Wider Implications for Big Tech

The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.

A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.

As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.

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Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations

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Milan: U.S. tech giant Amazon is facing the prospect of a major legal showdown in Italy, after prosecutors in Milan formally requested a court to move forward with criminal proceedings over alleged tax evasion totaling approximately ₹12,500 crore (€1.2 billion).

The case targets Amazon’s European division along with four senior executives, marking one of the most significant tax-related investigations involving a global e-commerce platform in Europe.

Trial Push Despite Multi-Million Euro Settlement

The move comes even after Amazon reached a financial settlement with Italian tax authorities in December, agreeing to pay around ₹5,500 crore (€527 million), including interest, to resolve part of the dispute.

Typically, such settlements lead to the closure of criminal investigations. However, Milan prosecutors have opted to proceed, signaling a tougher stance on alleged corporate tax violations.

A preliminary hearing is expected in the coming months, where a judge will decide whether to formally indict the company and its executives or dismiss the case.

Allegations of VAT Evasion Through Marketplace Sellers

At the center of the investigation are claims that Amazon’s platform enabled non-European Union sellers to avoid paying value-added tax (VAT) on goods sold to Italian consumers between 2019 and 2021.

Prosecutors allege that the company’s marketplace structure allowed thousands of foreign vendors—many reportedly based in China—to operate without fully disclosing their identities or tax obligations. This, authorities argue, led to substantial VAT losses for the Italian government.

Under Italian law, online platforms facilitating sales can be held partially liable if third-party sellers fail to comply with tax requirements, a key point in the prosecution’s case.

Italian Government Named as Affected Party

In their filing, prosecutors identified Italy’s Economy Ministry as the injured party, citing significant financial damage resulting from the alleged tax evasion.

Legal experts say the outcome of the case could have wide-ranging implications across the European Union, where VAT systems are harmonized and similar compliance rules apply to digital marketplaces.

Multiple Investigations Add to Pressure

The VAT probe is just one of several legal challenges facing Amazon in Italy. The European Public Prosecutor’s Office is reportedly examining additional tax-related issues covering more recent years.

Meanwhile, Milan authorities are pursuing separate investigations into alleged customs fraud linked to imports from China and whether Amazon maintained an undeclared “permanent establishment” in Italy—potentially exposing it to higher tax liabilities.

In a separate regulatory action, Italy’s data protection authority recently ordered an Amazon unit to stop using personal data from over 1,800 employees at a warehouse near Rome.

Amazon Denies Allegations

Amazon has consistently denied wrongdoing and indicated it will strongly contest the allegations in court if the case proceeds. The company has also warned that prolonged legal uncertainty could impact investor confidence and Italy’s appeal as a destination for international business.

Broader Impact on Europe’s Digital Economy

If the case moves to trial, it could become a landmark moment for the regulation of global e-commerce platforms in Europe. Governments across the region are increasingly scrutinizing how digital marketplaces handle tax compliance, especially in cross-border transactions.

With online retail continuing to expand, regulators are under mounting pressure to ensure that multinational platforms and third-party sellers adhere to the same tax rules as traditional businesses.

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