CBD Hemp Oil Class Action Takes Issue With CBD Amount

A CBD hemp oil products class action lawsuit claims that the amount of CBD in certain products is far less than advertised.

Plaintiff Kathryn Potter filed the CBD class action against PotNetwork Holdings Inc., Diamond CBD Inc., and First Capital Venture Co. Potter claims that from the Diamond CBD website she purchased Unflavored Diamond CBD Oil, Diamond CBD Gummies, Infused Gummy Worms, Chill Gummies, and CBD Infused Watermelon Slices.

She says she made her purchasing decision based on the product labels indicating the amount of cannabidiol, known as CBD, in each item. But according to Potter’s suit, the products contained less CBD than what the labels indicated.  She argues that she was financially injured by the misrepresentation because had she known that the products contained less CBD than advertised, she would not have purchased them or would not have paid as much for them as she did.

The PotNetwork class action says that if Potter could rely upon the truthfulness of statements and representations made by the company, she would continue to purchase the products in the future.

Potter maintains that she and other consumers suffered financial injury from the companies’ misrepresentation, according to the CBD hemp oil products class action. Potter seeks damages on behalf of herself and all other similarly affected consumers, both nationwide, and in a Florida class of customers.

Reducing the amount of CBD in the products decreases their value to consumers, the suit alleges. Potter notes that CBD hemp oil products have become increasingly popular because of the touted health benefits  to treat a variety of ailments including anxiety, sleep disorders, and chronic pain.

Potter’s lawsuiit says that customer demand for CBD products increased following the passage of the Agriculture Improvement Act of 2018, which legalized the production of industrialized hemp, from which CBD can be made. According to Forbes, the CBD industry is projected to have revenues of $16 billion by 2025.   

Despite the legalization of hemp, Potter claims that the CBD industry is still inadequately regulated, something she says results in some  consumers encountering products containing more than or less than the advertised amount of CBD or THC (tetrahydrocannabino.) Products alleged to contain less than the advertised amount of CBD include Diamond CBD vape products, Green Machine Pods, New World CBD products, and the Yolo CBD oil cartridge.

Florida laws attempting to regulate hemp illustrate “the importance of accurate labeling of CBD products,” according to the suit. The Orlando Weekly reports that the new laws could present an economic opportunity for Florida farmers.

The Diamond CBD, PotNetwork CBD Amount Labeling Class Action Lawsuit is Kathryn Potter v. PotNetwork Holdings Inc. et al., Case No. 1:19-cv-24017-XXXX, in the U.S. District COUrt for the Southern District of Florida.

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This article is not legal advice. It is presented
for informational purposes only.