CBD and Hemp Legal and Regulatory Roundup – July 2022

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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:

CBD

Mayim Bialik obtains preliminary injunction, TRO on CBD products using her name

U.S. District Judge Beth Bloom granted a bid from celebrity Mayim Bialik for a preliminary injunction and a TRO, noting there was a high likelihood that Bialik would be able to show that the sites engaged in a false endorsement advertising campaign. While the complaint didn’t specify defendants, the judge still said they were temporarily barred from using Bialik’s likeness, name or persona in any advertisements or marketing campaigns. Law 360 (sub. req.)

Cannabis

Neb. tells circuit court right to vote doesn’t include efforts for ballot initiatives

The Nebraska Secretary of State told the Eighth Circuit that the federally protected right to vote doesn’t extend to state citizens’ efforts to put initiatives on the ballot. The brief is in response to a marijuana legalization campaign that argued it lacks the resources to gather signatures in remote corners of the state and that the requirement is unconstitutional. The brief urged the court to act quickly, since Nebraskans for Medical Marijuana has until July 7 to secure the necessary signatures to put the legalization question on the ballot. Law 360 (sub. req.)

Mont. dispensary owners challenge city prohibition of marijuana sales

Dale and Janelle Yatsko filed a lawsuit in district court challenging the City of Great Falls’ prohibition on marijuana dispensaries within city limits. Earlier in 2022, the Yatskos submitted a safety inspection certificate application for a recreational marijuana dispensary within the city’s boundaries, however, city staff didn’t process the application, or accept a fee from the Yatskos, since city code currently prohibits the sale of medical and recreational marijuana. The Yatskos appealed and, during a special meeting in Apr., City Commissioners voted 4-1 to uphold the staff decision. The commissioners directed staff to send the question of marijuana sales to the Nov. ballot and staff are currently developing language for that measure, as well as a regulatory framework for marijuana operations in the city limits, should voters opt to allow marijuana within the city limits. The Yatskos operate a marijuana dispensary in the county and also have pending litigation before the Montana Supreme Court over that operation. The Electric

Ariz. cannabis dispensary must rehire union organizer

U.S. District Judge G. Murray Snow ruled the NLRB successfully argued an injunction under National Labor Relations Act prompting Curaleaf Arizona to rehire Anissa Keane was warranted. Without the injunction, organizing activity at the Curaleaf dispensary could be chilled, given an NLRB judge’s finding that Keane was fired for her unionization efforts. Law 360 (sub. req.)

Cointreau, Canopy settle TM dispute

Liqueur manufacturer Cointreau settled its trademark dispute with Canopy over a CBD-infused sparkling water drink called Quatreau. The companies lodged a joint stipulation of voluntary dismissal, saying they reached an agreement and the case is to be dismissed with prejudice. The notice didn’t include details on the settlement, though the parties noted the court should retain jurisdiction to enforce the terms of the deal. Law 360 (sub. req.)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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