Earlier this month, plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade secret cannabis recipes by one its former bakers, Christina Johnson.
Based on the complaint, Ms. Johnson had been employed by Herbal Edibles as a baker for less than one year when she was terminated. Ms. Johnson allegedly started her own competing business, selling cannabis edibles such as “psychedelic sugar cookies” through Instagram and an open air market.
According to Herbal Edibles, Ms. Johnson’s competing business is based on the use of Herbal Edibles’ recipes. Herbal Edibles sued Ms. Johnson for both breach of a Confidentiality Agreement – Non-Compete Agreement, as well as misappropriation of trade secrets under the New Mexico Uniform Trade Secrets Act.