Davey v. PK Benelux B.V.

Personal Jurisdiction Over Dutch Firm Lacking in Suit Over CBD Supplements, Drug Test Fail

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OPINION AND ORDER Plaintiff brings this action against defendant PK Benelux B.V. d/b/a Lucovitaal, alleging defendant sold plaintiff cannabidiol (“CBD”) supplements that purportedly caused plaintiff to fail a drug test administered by his employer and subsequently lose his job. Now pending are defendant’s renewed motion to dismiss pursuant to Rules 12(b)(2) and 12(b)(6) and defendant’s motion for sanctions. (Doc. #41). For the reasons set forth below, the motion to dismiss is GRANTED, and the motion for sanctions is DENIED. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§1331 and 1332. BACKGROUND Plaintiff resides in Nyack, New York. Defendant is a corporate entity organized in the Netherlands. Plaintiff alleges that, in October 2019, he purchased CBD supplements from defendant through its website for delivery to his home in New York. According to plaintiff, he chose to purchase defendant’s CBD supplements because they were marketed as “100 percent pure CBD.” Plaintiff contends he understood this to mean the supplements did not contain illegal amounts of delta 9-terahydrocannibinol (“THC”), the psychoactive component found in marijuana, and thus would not cause plaintiff to fail any drug tests administered by his employer. Plaintiff alleges he again purchased CBD supplements online from defendant in February 2020, also for delivery to his home in New York. Plaintiff further alleges his employer administered a random drug test on May 7, 2020, and he tested positive for THC. According to plaintiff, he tested positive for THC because of defendant’s CBD supplements, was fired from his job, and suffered a nervous breakdown. On August 6, 2021, the Court denied without prejudice defendant’s first motion to dismiss for lack of personal jurisdiction and granted plaintiff’s cross-motion for jurisdictional discovery. (Doc. #32). According to defendant, it has no offices, employees, inventory, property, or bank accounts in New York. (Doc. #42

Davey v. PK Benelux B.V.

Personal Jurisdiction Over Dutch Firm Lacking in Suit Over CBD Supplements, Drug Test Fail

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