Maintaining secrecy in an era of compelled disclosure – Marijuana Venture

  • As state regulators take measures to protect residents against vape-related illnesses , governmental authorities are increasingly calling upon cannabis operators to disclose the secret sauce in their products intended for vaporization.
  • Such transparency will serve to inform consumers, while enabling authorities to track the ingredients and additives included in vape products and respond appropriately to public health concerns.
  • However, it may be possible to limit the scope of disclosure to those who need to know while providing consumers and regulators with the information they need.
  • Confidentiality agreements, in all forms, should contain a series of carve-outs (exceptions to confidentiality), which typically allow the recipient to disclose the information without breaching the agreement, if the information becomes general public knowledge from authorized sources (other than the discloser).
  • Confidentiality agreements should also specifically address what happens in the event that the recipient is served with a subpoena or other legal document compelling the disclosure of confidential information.

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