But lab tests taken after Horn was fired for failing a routine drug test confirmed the product had THC, he claimed.
Horn sued the Vista, California-based Medical Marijuana Inc. and sought triple damages under the Racketeer Influenced and Corrupt Organizations Act, often known as RICO.
The company pushed back, disputing Horn's account and saying he can't sue for higher damages because he's claiming a personal injury rather than harm to his business.
Horn said his firing was a business injury and he's been financially ruined, and an appeals court allowed Horn's claim to go forward.