CBD Suits Challenge ‘THC-Free’ Claims After Users Fail Drug Tests; Plaintiffs Bar May Just Be Warming Up
Attorneys are warning CBD product marketers to be on guard for litigation challenging the authenticity of their claims, the safety of their products and other aspects of their businesses. So far, suits of this nature have been limited in the US, but the few known cases could be harbingers of a larger wave to come.
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Synthetic biology firm Amyris has shipped to partner Lavvan its first cannabinoid produced via genetically engineered yeast. While Amyris’ announcement does not identify the specific cannabinoid, Lavvan leadership indicated in March 2019 that fermentation-derived CBD would be first to market, representing potential purity and value benefits compared with CBD extracted from the cannabis plant.
Two CBD marketers warned by FDA in a recent crackdown are targeted in class action complaints alleging they made unsubstantiated health claims and mislabeled ‘illegal drug’ products as supplements. Complaints are a wake-up call to CBD wellness industry to ensure claims are substantiated, as the class action bar is on the prowl following the agency’s 15 warning letter blast in November.
Plaintiffs’ bar seeks ‘free of’ claim inaccuracies on supplements, including claims that stray from federal or industry standards, says attorney Kristi Wolff in CRN webinar. Common pitfalls include “100% gluten free,” “no trans fat” and “THC-free.”