Frost Brown Todd: Defending CBD Companies from Class Action Lawsuits

Defending CBD Companies from Class Action Lawsuits

As hemp-derived CBD products capture the American imagination, CBD companies have unfortunately become a target for consumer class-action lawsuits. Most recently, a wave of such lawsuits has been initiated by law firms seeking to take advantage of the current regulatory morass by threatening protracted litigation. Thus far, plaintiffs have assailed both the marketing of food and dietary supplement products that include CBD as an ingredient and, in some cases, have also alleged that the amount of CBD in such products has been misstated and misleading.

At Frost Brown Todd, we believe that many of these lawsuits are meritless and would never withstand the full scrutiny of the court system. However, we are also well aware of the anxiety and uncertainty generated by such actions.

As the nation’s leading full-service law firm hemp practice, we’ve assembled a team to defend our clients in the most effective and cost-efficient manner possible. Our Hemp Industry team is led by Jonathan Miller, General Counsel to the U.S. Hemp Roundtable and one of the country’s most accomplished hemp lawyers. Significantly, he is joined by partners across the country who bring to bear decades of experience in classaction defense — in California, where many of these lawsuits are brought, and across the nation — as well as FDA specialists who understand the nuances of that agency’s policies and guidance, making our team uniquely equipped to help steer CBD-related litigation to a successful outcome.

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The Key Members of Our Team Include:

Jonathan Miller \| 859.244.3218 \| [email protected] Jonathan is one of the nation’s leading advocates for the legalization of hemp. He serves as the general counsel to the U.S. Hemp Roundtable, the hemp industry’s foremost national business advocacy organization, and represents dozens of hemp and CBD companies as they navigate the laws and regulations for which he which he advocated.

Steven Ellcessor \| 614.559.7225 \| [email protected] Steve is a transactional and regulatory lawyer with significant expertise in manufacturing and consumer products goods, especially FDA-regulated products such as food, beverages, dietary supplements and cosmetics, including CBD products and claims. With almost half of his 40-year career spent as the general counsel of a major public food company, Steve’s practice also focuses on corporate governance counseling and reporting requirements under the Securities Exchange Act of 1934.

Martin E. Rose \| 214.580.8601 \| [email protected] Martin Rose is a commercial trial lawyer with more than 44 years’ experience in courts throughout the U.S. litigating complex business disputes ranging from intellectual property, contract, and unfair competition to fraud, consumer fraud and class action litigation. Licensed to practice in California, Texas and Colorado, Martin has represented product manufactures in the aerospace, healthcare and emerging technologies sectors and won significant eight-figure jury verdicts against those who have stolen their intellectual property, breached commercial contracts or defrauded the company.

Kimera J. Hall \| 214.580.5843 \| [email protected] Kimera practices in the areas of commercial transactions, including mergers and acquisitions, and regulatory matters relating primarily to consumer goods. She has a particular focus on issues affecting FDA-regulated food, beverage, cosmetic, and dietary supplement products, including CBD product labeling, advertising and claims.

Alex Rose | 214.580.8605 | [email protected]

Alex counsels clients on business and commercial litigation matters and has considerable experience in highly regulated, commercial markets including aviation and hemp. She has represented manufacturers in litigation involving contracts, products liability, negligence, warranties, trade dress, trade infringement and employment. She also lobbies for statutory and regulatory changes and represents manufacturers in regulatory disputes with state and federal entities.