In January, my colleague, Jesse Mondry, wrote about Snyder v. Green Roads of Florida, a case in which the U.S. District Court for the Southern District of Florida stayed a class action lawsuit against a cannabidiol (“CBD”) company until the Food and Drug Administration (“FDA”) forges a legal path for the manufacture, sale and marketing of these products. The Court placed this case on hold, invoking the “primary jurisdiction doctrine.”
The “primary jurisdiction doctrine” generally applies in cases where a plaintiff’s claim implicates the special competence of an administrative agency. This doctrine is a prudential doctrine that is reserved for a limited set of circumstances that require resolution of an issue of first impression or of a particularly complex issue that Congress has assigned to an administrative agency.
If you regularly read our blog or keep a pulse on the hemp and CBD industry, you know that the Agriculture Improvement Act of 2018 (better known as the “2018 Farm Bill”) expressly recognizes FDA authority to regulate products containing hemp-derived products– including hemp-derived CBD (“Hemp CBD”). Moreover, Congress has repeatedly urged the FDA to complete the rulemaking process to solve the proliferation of CBD products, particularly foods and dietary supplements,