> Insights > Growing Cannabis Industry: Product Liability Concerns and the Crystal Ball of Predicting Litigation

> Insights > Growing Cannabis Industry: Product Liability Concerns and the Crystal Ball of Predicting Litigation

Growing Cannabis Industry: Product Liability Concerns and the Crystal Ball of Predicting Litigation

February 21, 2018Articles

In this era of a billion dollar product industry where more and more states are legalizing marijuana use, there is a significant absence of legal precedent to provide guidance on cannabis product liability issues. In fact, there have only been a total of two cases dealing with cannabis product liability issues. The first was a 2015 Colorado class action against a cannabis grower for pesticide use. The second case was a wrongful death matter filed in Colorado against a manufacturer of cannabis-infused candy.

While each state’s laws differ, the Restatement (Third) of Torts: Products Liability provides three potential claim theories: (1) defective design; (2) manufacturing flaw; and (3) inadequate instructions or warnings.
 
Product liability litigation is likely to include physical injury claims arising from intoxication, as well as long-term medical effects, including addiction. We can also expect to see consumer suits alleging deceptive and improper marketing, such as campaigns targeting minors. Companies selling marijuana products for medical use could also be subject to the same sorts of claims asserted against makers of conventional prescription drugs, such as failing to warn about potential side effects.
 
The number of consumers and enormity of money involved in this emerging industry will inevitably create a cottage industry of marijuana lawsuits. The 2018 DRI Marijuana Law Seminar will include speakers, tips, and guidance as to where this litigation is headed. We hope that you will join us in Chicago on June 26–27, 2018, at the University of Chicago Gleacher Center for 12.5 hours of insightful CLE credits. Click here to view the brochure and to register.

Melissa K. Roeder, Of Counsel in Foley & Mansfield’s Seattle office, focuses her practice on defending asbestos matters and building a marijuana product liability defense practice. She is the DRI Northwest Regional Director and is the program chair for the DRI Marijuana Law Seminar. 

Melissa K. Roeder

Related Practice Areas & Industries

View All Practice Areas & Industries

Related Locations

View All Locations

Related Professionals

View All Professionals

Recent News & Insights

  • Foley Mansfield Continues Strategic Growth with Seven Additional Attorneys Q3

    Foley Mansfield continued its strategic growth during the third quarter, welcoming seven attorneys across its Chicago, Kansas City, Los Angeles, St. Louis and Walnut Creek offices. Joining the...

  • Foley Mansfield Elevates Sean C. Mansfield and Jake W. Peden to Partner

    Foley Mansfield is pleased to announce that Sean C. Mansfield and Jake W. Peden have been elevated to Partner, effective October 1, 2026. Both attorneys practice in the...

  • Foley Mansfield Appoints Two Co-Managing Partners of California Offices

    Foley Mansfield is pleased to announce the appointment of Suzanna L. Minasian and Angela V. Sayre as Co-Managing Partners of the firm's California offices located in Los Angeles...

  • Five Foley Mansfield Attorneys Named to 2027 Best Lawyers in America and Ones to Watch List

    Foley Mansfield is pleased to announce that four of the firm’s attorneys have been included in the 2027 edition of The Best Lawyers in America, with one included...