Evolving cannabis product risks have the potential to result in enormous future liability for which cannabis and hemp companies are currently unprepared. Cannabis research is now catching up to faster-moving consumer behavior and public policy. Inconsistent rules and regulations around both cannabis and hemp product testing, labeling and warnings have resulted in numerous consumer claims and product class actions. Prospective plaintiffs are now also seeking overcome current obstacles to proving liability for injury claims arising from use of cannabis products under the common liability tests used by courts. The hemp industry is not immune, given the recent explosion of unregulated but intoxicating hemp-derived products that contain levels of THC similar to regulated cannabis products.
In this context, important factors that cannabis companies must consider when evaluating the various categories of cannabis product risks will be identified. We will also discuss how the cannabis and hemp industries should embrace a mix of legal reform, policy changes and adoption of traditional risk management principles to prevent future product risk issues from damaging market sustainability.
This program is eligible for .8 hours of General CLE credit in 60-minute states, and 1 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.
(Default credit disclaimer updated 02.08.2024)
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INCBA Product liability FINAL.pptx (1.9 MB) | Available after Purchase |
Cannabis Consumer Class Action Exposure.pdf (130.4 KB) | Available after Purchase |
Cannabis Co's must brace for emerging product risks, Law 360.pdf (561.7 KB) | Available after Purchase |
Cannabis Co's must brace for more mislabelling class actions, Law360.pdf (234.8 KB) | Available after Purchase |
CBD buyers, maker fight over stay in mislabeling suit.pdf (111.2 KB) | Available after Purchase |
centeno-et-al-v-dreamfields-brands-inc-et-al.pdf (632.7 KB) | Available after Purchase |
Colette v CV Sciences joint statement to court re FDA announcement.pdf (119.3 KB) | Available after Purchase |
DaSilva v Infinite Products joint statement to court re FDA announcement.pdf (137.6 KB) | Available after Purchase |
Medical cannabis user says Co's inflate THC content, Law360.pdf (95.8 KB) | Available after Purchase |
Outline - Product Liability Panel - INCBA Litigation Symposium.pdf (407.5 KB) | Available after Purchase |
Statement from AHA on Cannabis and Cardiovascular Health.pdf (1.4 MB) | Available after Purchase |
Stiiizy_Class_Action_Complaint.pdf (596.8 KB) | Available after Purchase |
williamson-v-curaleaf-inc.pdf (111 KB) | Available after Purchase |
Stacey Jackson is General Counsel for Golden Bear Insurance Company, a California admitted carrier also writing surplus lines in other states. Stacey lead the drafting of Golden Bear’s cannabis package and monoline insurance products helping Golden Bear to become the first admitted carrier in the nation to offer property and casualty coverage for legal cannabis operations. Golden Bear also writes professional liability for attorneys and testing laboratories.
Ian is the Regional Managing Partner of Wilson Elser’s Los Angeles office. He is founder and co-chair of the firm’s Cannabis and Hemp Law practice, where he leads a national multi-disciplinary team of lawyers who serve all aspects of the cannabis and hemp industries, as well as financial institutions and insurance companies that service those industries.
Ian works with licensed cannabis operators throughout the country to comply with their obligations under the law and to develop risk management best practices. He advises Fortune 500 companies on risk management involving hemp-derived CBD and the interplay with U.S. food and drug laws. Ian assists insurance companies on cannabis-related underwriting practices and the development of new policy forms. He also works with financial institutions and professional services firms on best practices for operating in a challenging regulatory environment.
Ian has achieved a national reputation as a distinguished cannabis attorney and has been named to the prestigious Chambers USA guide in Cannabis Law (2020-2022). He is a member of the Advisory Board of the International Cannabis Bar Association (INCBA) and participates on the Policy Council of the National Cannabis Industry Association (NCIA). Ian also sits on the Executive Committee of the Los Angeles County Bar Association’s Cannabis Section and is chair emeritus of NCIA’s Risk Management and Insurance Committee. He is one of MG Magazine’s “30 Powerful Cannabis Attorneys You Should Know” and is listed within Cannabis Reports’ “10 Powerful Marijuana Lawyers in California.” Ian has also been named by National Law Review as “Go-To Thought Leader” in 2018 and 2021 for his publications on cannabis law and policy.
By way of background, Ian has defended complex litigation in state and federal courts for more than 25 years with a focus on practice areas relevant to the cannabis industry, including product liability, complex general casualty, transportation, data privacy and intellectual property litigation. Ian received his B.A. from Washington University in St. Louis, and his JD from Saint
Louis University School of Law. He has been with Wilson Elser for the past 22 years.
Jasmine Wetherell focuses her practice on complex civil litigation, with an emphasis on food litigation, environmental litigation and business torts. She has also provided guidance to retailers, consumer product manufacturers and landowners regarding compliance with California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act). Jasmine has substantial experience in all phases of litigation, including pre-suit investigation and counseling, discovery, percipient witness and “person-most-qualified” depositions and motion practice in both state and federal court.
During law school, Jasmine served as a judicial extern for the Hon. Harry Pregerson of the U.S. Court of Appeals for the Ninth Circuit. She also served as editor-in-chief of the Women’s Law Journal and chief articles editor of the Dukeminier Awards Journal.
Bryna Dahlin is a partner and chair of the Cannabis Industry Group at Benesch, where she works on the cutting edge of an emerging industry known for its regulatory complexity and challenging legal and business landscape. For nearly a decade, she has advised companies in all sectors of the cannabis space including growers, manufacturers, distributors, dispensaries, investors and ancillary businesses. She also advises non-cannabis companies that are impacted by cannabis laws. Her clients are nationwide and range from new entrants in the space to publicly-traded companies operating across dozens of states.
Bryna enjoys helping clients achieve their business objectives and prides herself on gaining a keen understanding of their operations. She offers real-world guidance that is clear, practical, and always focused on achieving client objectives. She understands the challenges in the cannabis industry and loves nothing more than seeing her clients grow and meet their business goals.
Bryna advises clients across the country on issues of regulatory compliance, risk avoidance, company formation and structuring, licensing, corporate and transactional matters, including mergers and acquisitions, advertising and product packaging, brand strategy and intellectual property protection. She also performs legal due diligence for investors in the cannabis space, and guides hemp, health and beauty brand clients in navigating Cannabidiol (CBD) and Food and Drug Administration (FDA) laws.
Bryna is also a skilled trial lawyer who uses her skills to help clients avoid and mitigate risk, and she does not hesitate to litigate when the circumstances call for it. Beyond cannabis, she has represented prominent food, pharmaceutical, entertainment, advertising, technology and consumer product companies in an array of high-profile cases.
Bryna’s career trajectory reflects her commitment to pursuing her professional aspirations regardless of the obstacles. When the cannabis industry was in its infancy, she left her position with a global law firm and co-founded the first cannabis law firm in Illinois before later bringing this practice to Benesch. Bryna serves as pro bono counsel to the Chicago chapter of the National Organization for the Reform of Marijuana Laws (NORML). She is a founding member of the Illinois Cannabis Bar Association, and member of the International Cannabis Bar, National Cannabis Industry Associations, and Illinois Women in Cannabis.
Bryna has lectured across the country on the ever-evolving landscape in cannabis law and served as an adjunct professor at Chicago-Kent College of Law, where she taught Illinois’ first law course on cannabis. She is nationally ranked by Chambers & Associates for cannabis law, is a Global Top 200 cannabis lawyer, and her cannabis practice group is recognized by the prestigious Legal 500. Past honors have included Crain’s Notable Women in Law, Super Lawyers, and the National Law Journal’s 40 under 40 in Chicago.
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