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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 the New Jersey Appellate Division this week. In Vincent Hager v. M&K Construction, Case No. A-0102-18T3 (N.J. App. Div.), the court grappled with a potential conflict between the Controlled Substances Act (“CSA”), 21 U.S.C. §…
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 federal court. On December 9, a class action complaint was filed in the Northern District of Florida against Trulieve, Inc., alleging that Trulieve transmitted unsolicited text messages offering cannabis products and promotions to several thousands…
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 products, litigation must be halted until the FDA completes its rulemaking. Thus, the court stayed the case of Snyder v. Green Roads of Florida, Case No. 0:19-cv-62342-UU (S.D. Fla.) pursuant to the primary jurisdiction doctrine.…
Somewhat overshadowed by media attention surrounding the repercussions of the Brexit vote and subsequent impact on the United Kingdom’s laws and economy, the landscape of Europe’s competition law regime is undergoing a notable change this year, as well.  By December 27, 2016, each EU member state is required to implement the European Union’s Damages Directive (2014/104/EU) – meaning that each state must offer a mechanism to facilitate private enforcement of damages claims for the infringement…