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
Litigation
Idaho Court Rules Interstate Hemp Shipment Will Remain Forfeited to the State
By Lee Baumgardner on
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…
Continue Reading
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
A Matter of First Impression: New Jersey Court Holds that Federal Law Does Not Bar Legal Reimbursement for Medical Marijuana
By Mindy Pava on
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
By Kristi Wolff, Jaclyn Metzinger & Mindy Pava on
Posted in Cannabis, Litigation
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
Florida Court Stays False Advertising Case Pending FDA Review of CBD
By Jaclyn Metzinger & Mindy Pava on
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…
Continue Reading
Federal Courts Divest Themselves of Subject Matter Jurisdiction in Two Recent Cannabis-Related Proceedings
By Bez Stern on
Posted in Cannabis, Litigation
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
Podcast: CBD Warning Letters, FDA Commissioner Confirmation Hearing and Preview of Upcoming Webinar
By Kristi Wolff on
Posted in CBD, Continuing Legal Education, Enforcement, FDA, Legislation, Litigation, Prop 65, Regulation, Trade and Customs
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…
Continue Reading
Upcoming Events for the Cannabis Law Practice Group
By Kelley Drye on
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
Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue
By Kristi Wolff & Lee Baumgardner on
As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his…
Continue Reading