Product Liability & Mass Torts Digest

The primary jurisdiction doctrine continues to be a hotly litigated issue in class actions brought against consumer product companies selling products containing cannabidiol (CBD). While many courts have adopted the primary jurisdiction doctrine to stay these cases pending completion of the U.S. Food and Drug Administration (FDA) rulemaking for CBD products, some plaintiffs have recently requested that the stay on these cases be lifted.

In just a few short years, products containing cannabidiol (CBD) have become a mainstay of the consumer products market in areas ranging from cosmetics to food and beverage. Growing consumer use of CBD has led to numerous class actions against companies selling CBD products. Typically, the lawsuits allege various claims, including false and misleading marketing and labeling of CBD products in violation of state consumer protection statutes.