CBD Gummies Co. Wants Class Action Dismissed

A Florida woman says pending CBD regulations should have no bearing on her proposed class action lawsut alleging mislabeled CBD gummies.

According to plaintiff Kathryn P., the court should not grant a motion by Diamond CBD Inc. to dismiss Kathryn’s claims. She alleges that Diamond CBD sold CBD gummies and CBD oil products which contained significantly less CBD than advertised.

“This class action should survive defendants’ motion, as it is no different than any false advertising litigation,” Kathryn argues. “In fact, its survival is critical to the CBD industry’s development and reinforces why class actions exist.”

Diamond CBD, along with parent company PotNetwork Holdings Inc., argued that Kathryn’s class action should be dismissed based on pending regulations from the U.S. Food and Drug Administration (FDA) and the Florida Department of Agriculture & Consumer Services.

The plaintiff claims that these regulations do not preempt her CBD labeling class action suit because she isn’t aiming to enforce stricter standards than what current regulations allow. Additionally, she claims that the issue is not CBD regulation, but rather Diamond CBD’s alleged mislabeling of its products.

“No new FDA regulation will insulate a CBD manufacturer that represents it is selling gummies that purport to contain 150 mg of CBD, but only delivers 10 mg of CBD for the price of 150 mgs of CBD,” Kathryn’s complaint states.

According to her CBD class action lawsuit, Kathryn and other consumers suffered financial injury because they would not have purchased the products, or would have paid significantly less, had they known the true CBD content.

Based on these arguments, Kathryn urges the judge to reject Diamond CBD’s motion to dismiss. She claims that these actions are unnecessary and that the case should move forward to the discovery phase.

Mislabeled CBD Gummies

Cannabidiol (CBD) is one of the primary ingredients in cannabis, aka the marijuana plant. Unlike tetrahydrocannabinol (THC) found in marijuana, CBD is not psychoactive. Healthline explains that this means ingesting CBD will not result in the “high” experienced with recreational marijuana use.

Instead, CBD is touted as providing a variety of health and wellness benefits such as reducing anxiety, helping decrease inflammation, and even assisting with pain management. Although these benefits are sometimes disputed by health professionals, the CBD’s holistic benefits have made products containing the cannabinoid very popular.

Unfortunately, consumers may not get what they pay for when it comes to CBD gummies and other products. The FDA has sent warning letters to several CBD companies over the past few years due to concerns that products were not as potent as advertised. According to the FDA, testing revealed that the CBD levels in certain products were not as high as advertised.

Consumers may have legal standing to hold companies accountable for mislabeling CBD products.

The CBD Gummies Class Action Lawsuit is Potter v. PotNetwork Holdings Inc., et al., Case No. 1:19-cv-24017, in 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.