Karina Basso  |  October 8, 2015

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

colorado pot fungicide class action lawsuit livwellOn Oct. 5, a fungicide class action lawsuit was filed against LivWell Inc., a commercial marijuana grower in Colorado, alleging the company failed to warn pot consumers that it sprays its marijuana plants with an unapproved fungicide. According to the class action lawsuit, this pesticide decomposes into the poison known as hydrogen cyanide when the fungicide is heated with a lighter.

The Colorado pot fungicide class action lawsuit states plaintiffs Brandan Flores and Brandie Larrabee claim that LivWell—which is currently one of the largest cannabis growers in the state of Colorado—used the Eagle 20 fungicide and a number of other chemicals on thousands of its marijuana plants grown in the company’s Denver cultivation facility.

The plaintiffs allege LivWell used the fungicide during January, February, and March of this year, though practice may have been employed long before then. Furthermore, the Colorado pot class action lawsuit claims the Eagle 20 fungicide is not on the approved list of pesticides provided by the Colorado Department of Agriculture.

Flores and Larrabee allege that had they known LivWell sprays its pot plants with an unapproved fungicide that releases a poisonous cyanide gas when heated, they would never have bought the product to begin with. Both plaintiffs claim to have bought pot grown my LivWell between January and April 2015.

Concerning the filing of this Colorado pot fungicide class action lawsuit in Denver federal court, the plaintiffs’ attorney states: “This case is about protecting the consumers in Colorado who voted to have marijuana as part of the constitution here. There’s been huge growth, but there’s very little oversight. This industry doesn’t have the manpower to regulate, and in the absence of regulation, the consumers have to be protected, especially when it’s being sold for medical reasons.”

Officials from Denver’s Department of Environmental Health placed a hold on about 60,000 LivWell-produced marijuana plants after it was discovered the company regularly used Eagle 20 fungicide. However, this hold was eventually lifted after testing revealed the pesticide residue on the plants landed within acceptable level for vegetation, though it did not pass muster for tobacco plants or other plants that will likely be inhaled by a consumer after heating.

Additionally, the Colorado pot fungicide class action lawsuit alleges that LivWell’s president falsely stated that the pot grower ceased using Eagle 20 before the city’s hold on thousands of their pot plants, because LivWell’s own grow logs indicate that the company continued to apply the unapproved pesticide through March of this year.

The plaintiffs allege LivWell gave “the public the false impression that LivWell’s cannabis plants were safe, when in reality they had been repeatedly treated with Eagle 20 and consumers would ingest hydrogen cyanide if they smoked such cannabis.”

This proposed Colorado pot fungicide class action lawsuit brings several allegations against the pot grower, including breach of contract, breach of implied covenant of good faith and fair dealing, breach of express warranty, breach of implied warranties, and several other claims.

It’s important to note that Flores and Larrabee are not seeking to gain personal injury damages in this class action lawsuit; rather, the plaintiffs are seeking an injunction against LivWell and some compensation in the amount they and other consumers allegedly overpaid for the pot product.

The plaintiffs are represented by Steven Woodrow of Woodrow & Peluso LLC.

The Colorado Pot Fungicide Class Action Lawsuit is Brandan Flores and Brandie Larrabee v. LivWell Inc., Case No. 2015-cv-33528, in the District Court of Denver County Colorado.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

One thought on LivWell Sued in Colo. Pot Fungicide Class Action Lawsuit

  1. Caleb says:

    I used to buy their product but stopped after I found it caused a strange phlegm in my throat. I went and bought some product for an organic grower in Denver and the phlegm disappeared after 2-3 days of cessation of livwells product. I smoked their product from January 2015 until around July when I made the connection. There is definitely something going on here and I am a big promoter of the recreational cannabis market in Colorado so it makes me sad to see greed over human connection. I have also had an interesting experience with pho which I called them out on. The stock was pulled within 30 mins and they tried to keep me from talking to customers in the lobby about what had happened and tried to deny my knowledge of molecular chemistry and my favorite plant. Livwell needs to be taught a lesson in proper business tactics.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.