Are Cannabis Companies Liable for Consumer Injuries?
No wonder CBD is grabbing all attention worldwide, but when it comes to evaluating its legal status, things may be somewhat dicey. The most common points of doubt include – the right form of CBD, what dosage is appropriate, etc.
When not taken into consideration, such aspects are common to take legal action. The rising number of product liability cases is one piece of evidence. If you are unaware of it, here is a brief way to surf through.
Cannabis product liability cases
These are legal cases involving defective product manufacturing causing death or severe physical damage to the consumer. No wonder the process is time-consuming and tiresome for the consumer, but at the same time, it may prove to be a reputation tarnishing act for your CBD business as well.
Yet many cannabis businesses do not consider it as a potential threat leading to serious legal troubles.
In this regard, Jesse Alderman, Co-Chair of Cannabis Practice at Foley Hoag, says most marijuana ventures “have not given the forethought to the product-liability issue that you might see in more mature industries,”
Coming back to the product liability cases. A subset of injury law defines who is responsible for the defective product consumption. This often requires joining hands with a cannabis business attorney who may assist in preserving your venture’s reputation. Because as of now, there is no such federal product-liability law imposed.
Generally, a legal lawsuit is likely to highlight three aspects of a cannabis product or business – marketing, design, and manufacturing. This makes it essential to learn about strategies to avoid a lawsuit filed against your CBD business. Here’s how to do it.
#1 – Cannabis company production standards
The most convenient way to manage liability lawsuits is to manufacture and design the product according to the state’s cannabis product compliance standards. This brings you to a safer zone to sell and deal in CBD-enriched products. The predefined rules should be imposed on supply input executives (like manufacturers, cultivators, and retailers), delivery devices (like vaporizers) to ensure the complete safety of the product.
#2 – The trap of disclaimers and claims
Begin with keeping things straightforward. Disclaimers and product claims are likely to trap you in lawsuit cases easily. Therefore, avoid displaying any misleading or inappropriate information on the product labels or website. Mentioning something like – “The product may lead to unexpected effects after inappropriate consumption. Thus, “consult before consuming” or “Not safe for kids or individuals below the age of 21 years” would transmit apt information for safety procedures.
This is an inexpensive way of reducing the risk of lawsuits filed against your business name. Keep the disclaimers generic. Mentioning a set of ingredients can be more than sufficient. Here, Alderman says, “Disclaimers are an easy step to take that give you lots of protection. It’s a common practice that in certain circumstances can be helpful.”
Bottom Line: Are Cannabis Companies Liable for Consumer Injuries?
Establishing and running a cannabis-oriented business is loaded with endless perks and profitable scope. But that’s when you know how to avoid the obstacles and continue seamless operations. Here, having the back of a cannabis attorney is a must to deal with the legal perspectives of the business.
Are Cannabis Companies Liable for Consumer Injuries?
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