Litigation Team Wins on CBD Injunctions
Frilot attorney Renee Culotta successfully won two high-profile injunctive hearings for client Louisiana State Office of Alcohol and Tobacco Control (ATC) in East Baton Rouge.
The cases, 318 LABZ v. ATC and Happi v. ATC, were filed by producers, wholesalers, and retailers of consumable hemp products (CBD) sold in Louisiana. The plaintiffs alleged that ATC was overstepping its statutory authority by issuing an advisory to wholesalers and retailers of consumable hemp products in the state. They sought to have ATC stop its education and enforcement of laws regulating the sale of dangerous, illegal products, including those intended for inhalation and containing excessive amounts of THC.
The plaintiffs also argued for federal preemption to eradicate Louisiana's regulatory scheme over consumable hemp products, which they claimed would open the floodgates to even more dangerous products that could be sold to children.
View some of the press coverage these cases received when they were filed:
In the Happi case, the Judge initially granted the Plaintiff a temporary restraining order that allowed it (and others) to continue selling products that are illegal under Louisiana law. Culotta and Castoriano won each preliminary injunction hearing , with the Judge in the Happi case stating that what ATC has been doing “is entirely within its statutory and administrative rights” and rescinding the previously issued TRO.
View the article below from the win in the case versus 318 LABZ:
Frilot attorney Renee Culotta is a partner in the firm’s Labor & Employment Practice Area. She, along with the other members of the Labor & Employment team, works in close connection with clients, becoming business partners to achieve optimal results. The group has a reputation as staunch advocates of management rights in the workplace and in the courtroom.