SCOTUS opens the door for truckers to sue over mislabeled CBD products

On April 2, 2025, the U.S. Supreme Court issued a 5-4 decision in Medical Marijuana, Inc. v. Horn, an important case with implications for regulated trucking. The Court ruled that a commercial truck driver could seek treble damages under the Racketeer Influenced and Corrupt Organizations Act (RICO) for financial losses (i.e., being out of a job) resulting from a mislabeled CBD product that led to a positive drug test and his termination.

Douglas Horn, a commercial truck driver, used a CBD product named "Dixie X," marketed as THC-free by Medical Marijuana, Inc., to alleviate chronic pain from a previous accident. However, after using the product, Horn was selected for and failed a random drug test due to the presence of THC. His employer terminated him when he refused to enter a substance abuse program. Seeking recourse, Horn filed a lawsuit against Medical Marijuana, Inc., arguing that the company’s false advertising directly caused his job loss and financial harm.

Writing for the majority, Justice Amy Coney Barrett concluded that RICO permits plaintiffs to recover treble damages for business or property losses, even if those losses stem from personal injuries. The Court's decision affirmed the Second Circuit’s ruling and allows Horn’s claim to proceed. This interpretation of RICO significantly broadens the scope of legal recourse available to drivers who suffer economic harm due to misleading product claims such as those at issue in this case.

This ruling is yet another cautionary tale for commercial drivers and the fleets that employ them. For drivers, it reinforces the risks associated with CBD product use. Despite assurances from manufacturers, CBD products are not subject to rigorous federal oversight particularly when it comes to their labeling, and some may contain THC levels high enough to result in a failed drug test. The lack of stringent regulation in the CBD industry makes it difficult for drivers to trust product labeling, exposing them to potential job loss and legal entanglements. As we addressed in a prior article, the USDOT has held firm in its assertion that drivers who fail DOT-mandated drug tests, even if the reason for the failed test was CBD use, will be prohibited from driving commercial vehicles unless and until they proceed through the return-to-duty process.

For motor carriers, the decision underscores the importance of clear policies on CBD use. Many companies already prohibit drivers from using CBD products due to the risk of positive drug tests. Employers would be well advised to ensure their substance use policies are up to date and clearly communicated to drivers to avoid potential problems.

The Supreme Court’s decision also highlights broader concerns about CBD use among DOT-regulated drivers. Again, the USDOT has made it clear that CBD use (and marijuana use in states where it is legal) is not a valid excuse for a positive drug test. Regardless of how a product is labeled, any driver who tests positive for THC will face immediate consequences, including removal from safety-sensitive functions. The Horn decision reinforces this cautionary stance and serves as a stark warning to drivers and motor carriers alike.

The takeaway from this case is clear: truck drivers and motor carriers must remain vigilant regarding CBD use. Given the regulatory landscape and the potential for mislabeled products, commercial drivers should seriously consider avoiding CBD altogether. Even well-intentioned use can have devastating consequences, including job loss and legal battles. This ruling is a wake-up call for the industry, and will hopefully lead to better accountability for manufacturers of CBD products when it comes to the representations made by them on packagings and in marketing materials.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.