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

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance


