The Legal Risk of Cannabinoid Hyperemesis Syndrome: Are You Protected?

Three Canadian marijuana companies, Aurora Cannabis Inc., Aurora Cannabis Enterprises, Inc., and Medreleaf Corp., were sued recently in a products liability class action in the Superior Court of Justice for Ontario, Canada.  The lawsuit alleges, among other things, that the Defendants failed to warn customers, patients, and their treating physicians of the danger of developing Cannabinoid Hyperemesis Syndrome (“CHS”) from the ordinary use of cannabis products.  To my knowledge, no similar lawsuits have been filed in the United States, but copycat litigation here may not be far off.

CHS is associated with long-term, high dose cannabis use, particularly among users who started as teenagers.  The symptoms of CHS include severe nausea, repeated vomiting, severe abdominal pain, and a compulsive desire to take hot showers or baths.  If untreated, CHS can lead to dehydration and electrolyte imbalances, which can result in seizures, shock, kidney failure, and muscle spasms or weakness.  Symptoms resolve with the cessation of cannabis use after a few days.

The State of Montana requires marijuana businesses to provide certain warnings to consumers pursuant to ARM 42.39.314(4).  They are:

• “Keep out of reach of children and pets”;
• “This product may be addictive”; and
• “This product may have intoxicating effects. Do not drive while under the influence of marijuana.”

While these warnings are sufficient for general purposes, they do not address the specific concerns about products liability for CHS.  Marijuana businesses should be warning all customers about the risk of CHS associated with cannabis use to protect themselves from future lawsuits.  Thus, it is imperative that marijuana businesses protect themselves by posting a sign in retail space and by inserting a warning sheet in every exit package.

Please contact Christopher Young to discuss minimizing your risk of being named a defendant in a future class action products liability lawsuit.