How Can Counsel for Recreational Marijuana Companies Defend Against Failure to Warn Lawsuits?
In The News | 1 min read
May 12, 2021
Hinshaw attorney Michael Adams recently published a byline in DRI's For the Defense magazine on the rising risk of failure to warn lawsuits confronting the recreational marijuana industry. With the marijuana industry one of the fastest growing industries in the United States, it is reasonable to anticipate that more tort-based lawsuits will be filed against it. In the article, Adams compares defenses used in failure to warn lawsuits filed against the alcohol and tobacco industries, and discusses what lessons those claims may have for marijuana companies.
Adams notes that under federal law marijuana remains an illegal Schedule I drug under the Controlled Substances Act. As such, defendants in the retail marijuana industry cannot invoke defenses based on federal labeling requirements. Instead, failure to warn claims against the recreational marijuana industry implicate state regulatory schemes, as well as the common law. Adams reviews potential defenses available based on compliance with state statutes and regulations, as well as the process of assessing whether product warnings and instructions are adequate.
Read the full article (PDF)
"Failure to Warn Claims Against the Recreational Marijuana Industry" was published by DRI's For the Defense Magazine, April 2021.
Related People
Related Capabilities
Featured Insights

Insights for Employers Alert
May 29, 2026
USCIS Policy Update: New Adjustment of Status Guidance Impacting Employers and Individuals

Press Release
May 28, 2026
Hinshaw Adds Former General Counsel as a Commercial Transactions Partner in Miami

Event
May 27-29, 2026
Steve Puiszis Moderates Discussion on Today's Law Firm Risk Environment

Press Release
May 26, 2026
L.J. Rotman Recognized in the Inaugural Minnesota Lawyer Minnesota Legal 250

Privacy, Cyber & AI Decoded Alert
May 21, 2026
Deploying AI Companions in Elder Care: A Privacy Compliance Playbook

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference




