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FILE - The sun flares in the camera lens as it rises behind the U.S. Supreme Court building in Washington, June 25, 2017. The Supreme Court will hear an appeal from a Vista, Calif., CBD hemp oil company fighting a lawsuit from a truck driver who says he got fired after using a product falsely advertised as being free from the active ingredient in marijuana.(AP Photo/J. David Ake, File)

Supreme Court will hear case claiming CBD product got trucker fired

The Supreme Court will hear an appeal from a Vista, California, CBD hemp oil company fighting a lawsuit from a truck driver who says he got fired after using a product falsely advertised as being free from the active ingredient in marijuana

By Lindsay Whitehurst
Published - Apr 29, 2024, 03:12 PM ET
Last Updated - May 27, 2024, 01:05 AM EDT

WASHINGTON (AP) — The Supreme Court agreed Monday to hear an appeal from a CBD hemp oil maker fighting a lawsuit from a truck driver who says he got fired after using a product falsely advertised as being free from marijuana's active ingredient.

Douglas Horn says he took the product to help with chronic shoulder and back pain he had after a serious accident. The company said it contained CBD, a generally legal compound that is widely sold as a dietary supplement and included in personal-care products, but not THC, which gives marijuana its high, Horn said in court documents.

After a failed routine drug test got him fired, Horn says he confirmed with a lab that the product did have THC. He sued the Vista, California, company under the Racketeer Influenced and Corrupt Organizations Act, among other claims, alleging the THC-free marketing amounted to fraud.

The law known as RICO was crafted as a tool to prosecute organized crime, but people can also file civil suits under it against alleged schemes and collect triple the damages if they win. An appeals court found Horn’s claim should be allowed to go forward.

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