Charlotte’s Web Class Action Alleges Low CBD Content

A class action lawsuit has been filed against Charlotte’s Web Holdings Inc. by consumers who claim that the company’s “Soothing Scent Hemp Infused Cream” and “Unscented Hemp Infused Cream” do not contain as much CBD as advertised.

Plaintiffs Shaida Benson, Caitlin Campbell, Chelsey DiDomenico, Amy Hucke, Craig Looney, and Steven Pfister say that they all have purchased these products based on the belief that they contain a certain amount of hemp extract.

Allegedly, the products’ labeling encourages these beliefs despite not being truthful.

“Defendant’s multiple and prominent systematic mislabeling of the Products form a pattern of unlawful and unfair business practices that harm the public,” the class action lawsuit states.

The plaintiffs claim that the defendant has marketed the products as containing “750 mg Hemp Extract” and sells the products online as well as in stores such as Walmart and CVS. In addition, the defendants sell their products on Amazon, CVS online, and other retail websites other than its own.

The Charlotte’s Web class action claims that none of the products contain 750 mg of hemp extract. The plaintiffs state that this misrepresentation pervades through all of the products and it is located on the front of each product’s label.

“Further, each product contains this representation on the packaging in order to induce buyers to pay a premium and purchase the product over other moisturizing skin creams,” the plaintiffs allege.

The Charlotte’s Web class action contends that independent testing shows that the products contain less hemp extract than is represented on the product packaging.

For example, on Nov. 19, 2019, Botanacor – an outside lab – tested the Unscented Hemp Infused Cream and found that there was .23 percent total Cannabinoids contained in the product, according to the plaintiffs. They claim this percentage is equal to approximately 177.5 mg of hemp extract. Another test allegedly revealed that the Soothing Scent Hemp Infused Cream contained .28 percent total Cannabinoids, which equals to 220.1 mg of hemp extract.

The plaintiffs claim that consumers look for defendant’s hemp extract products specifically for the benefits that Cannabidol (CBD) provides.

“Consumers purchase such products due to their purported benefits such as ability to ‘soothe’ sensitive skin with CBD ingredients rather than conventional moisturizing skin cream,” the CBD class action lawsuit alleges.

The plaintiffs state that consumers pay a premium for such products based on representations about CBD content, and that these particular creams are sold for $49.99 for 2.5 fl.oz.

According to the class action, Charlotte’s Web misleads consumers into thinking that they have purchased premium products because of the representations of the amount of hemp extract on the label of the product.

There are two major proposed Classes in this case, a national Class and a consumer fraud multi-state Class.

The national Class includes people who purchased the products primarily “for personal, family or household purposes, and not for resale.”

The consumer fraud multi-state Class includes the same people from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, Rhode Island, Washington and Wisconsin.

CBD has been the subject lately of false advertising class actions.

Did you purchase Charlotte’s Web CBD products? Leave a message in the comments section below.

The plaintiffs are represented by Gary M. Klinger of Kozonis & Klinger Ltd., Gary E. Mason, J. Hunter Bryson and David K. Lietz of Whitfield Bryson & Mason LLP and Charles E. Schaffer and David C. Magnagna of Levin Sedran & Berman LLP.

The Charlotte’s Web CBD Class Action Lawsuit is Steven Pfister, et al. v. Charlotte’s Web Holdings Inc., Case No. 1:20-cv-00418, in the U.S. District Court for the Northern District of Illinois.

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