In a somewhat mixed decision for cannabis company defendants, a false advertising class action lawsuit will proceed in the Southern District of Florida – and not be halted while waiting for guidance from the FDA – although some of the
Continue Reading Florida Court Permits CBD Mislabeling Case to Proceed
Cannabis Companies Beware: You Can Get Sued If Your Website Isn’t Compliant With the Americans With Disabilities Act
Over the past few years, a handful of law firms have filed thousands of lawsuits over website accessibility issues. This has been a lucrative business for these firms. Many of these suits are essentially cut-and-paste jobs, and the recipients often
Continue Reading Cannabis Companies Beware: You Can Get Sued If Your Website Isn’t Compliant With the Americans With Disabilities Act
Idaho Court Rules Interstate Hemp Shipment Will Remain Forfeited to the State
On January 21, 2020, an Idaho state court held that nearly 7,000 pounds of seized hemp would remain forfeited to the Idaho State Police (“ISP”). As we discussed in our recently published article, the defendant in the case, Big
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Cannabis Delivery Service Defendant Defeats Class Certification in Texting Case
Texting customers without proper consent is risky business. As we discussed here, there has been a flood of lawsuits over the past five years against companies large and small relating to their texting practices. With many new entrants to
Continue Reading Cannabis Delivery Service Defendant Defeats Class Certification in Texting Case
A Matter of First Impression: New Jersey Court Holds that Federal Law Does Not Bar Legal Reimbursement for Medical Marijuana
An employer ordered to reimburse a worker for his purchase of medical marijuana – as part of a workers’ compensation claim – is not in danger of violating the federal Controlled Substances Act, according to an important decision rendered by
Read This Before You Text Your Customers: The Next Class Action Litigation Minefield Facing Cannabis Companies
A new potential class action minefield cropped up in 2019 – challenges to cannabis companies’ marketing practices under the Telephone Consumer Protection Act (“TCPA”), with one major medical marijuana company already forced to defend its text messaging practices in Florida
Continue Reading Read This Before You Text Your Customers: The Next Class Action Litigation Minefield Facing Cannabis Companies
Florida Court Stays False Advertising Case Pending FDA Review of CBD
In an important decision for cannabis companies facing class action litigation over the alleged misbranding of products containing CBD, a Southern District of Florida court recently held that because the FDA is exercising regulatory authority over the labeling of CBD
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Federal Courts Divest Themselves of Subject Matter Jurisdiction in Two Recent Cannabis-Related Proceedings
Earlier this month, two federal courts—one in the Southern District of New York, another in the Western District of Washington—analyzed the issue of whether a federal court has jurisdiction to hear what would otherwise be routine breach of contract cases
Continue Reading Federal Courts Divest Themselves of Subject Matter Jurisdiction in Two Recent Cannabis-Related Proceedings
Podcast: CBD Warning Letters, FDA Commissioner Confirmation Hearing and Preview of Upcoming Webinar
On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar.
On Thursday, December
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Upcoming Events for the Cannabis Law Practice Group
Kelley Drye’s Cannabis Law Practice is pleased to announce these upcoming educational opportunities:
- Partner Kristi Wolff will be presenting at the Food and Drug Law Institute’s “Legal and Practical Issues In The Evolving World of Cannabis Regulation” Conference
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