Laura Pennington  |  November 6, 2019

Category: Legal News

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CBD products on a wicker tableCompanies that are not careful with the production and labeling of their CBD oil products are expected to soon find themselves in court facing false advertising claims.

CBD oil products have certainly increased in popularity. Many different manufacturers have begun to create and sell their own products on the market, including lotions, gummies, edibles, and vaping products. 

While CBD oil can be derived from marijuana, it can also be derived from hemp–making it legal at both the federal and state levels. However, several class action lawsuits filed against CBD companies have already appeared in federal court filings in recent weeks. Some of the attorneys active in this field believe that this is just the beginning for class action lawsuits filed against these manufacturers. 

One of the challenges with CBD products is that the regulations present for many other types of supplements or products on the market are not present in the CBD space. Many consumers are not aware of the the lack of regulation in the CBD industry and therefore assume that the labeling posted on every product is indeed accurate with regard to the ingredients inside or the claims made. 

With new CBD oil companies popping up seemingly every other week, this means that there can be vast differences between the quality of the products and the other ingredients inside the oil. This has caused some regulators and safety experts to argue that the federal government should be more involved in stipulating what CBD oil companies can and cannot claim in their promotional materials. 

Growing Litigation over CBD Oil Products

Many future lawsuits are expected to focus on allegations of mislabeling, accusing the companies of falsely representing the CBD content of their products. One of the class action lawsuits filed against a CBD oil manufacturer argues that the company’s claims about the CBD content in its products are inaccurate. 

Another lawsuit filed against Just Brands USA claims that one man who was using their gummy products was fired for failing a drug test for THC, the intoxicant present in marijuana. Some CBD products contain a small amount of THC to improve bioavailability. But the plaintiff claims the label for the watermelon gummy product he ate told him it was supposed to contain no THC.

In the United States, there are currently no regulations for cannabis products. CBD  has become very popular as a result of its alleged anti-inflammatory and anti-anxiety properties. As a nonpsychoactive chemical, CBD oil has become the remedy of choice of many people who want to manage their anxiety or get better sleep.  

Since the FDA regards CBD as an active ingredient in an approved pharmaceutical drug, it cannot be classified as a food or dietary supplement. Currently, the FDA has used this argument to explain why they have failed to issue regulations on CBD products. 

Consumers can file false or misleading label lawsuits when the information provided on the exterior of a product’s packaging is not accurate or is unnecessarily confusing. It is more than likely, however, that future lawsuits targeting CBD products will involve those products stating that there is no THC inside. When a consumer uses these products and then fail the drug test at work and loses their job, companies manufacturing CBD oil could come under fire in litigation.

Join a Free CBD Supplements Class Action Lawsuit Investigation

If you purchased a CBD supplement, it may have contained far less of the active ingredient that you were led to believe, and you may qualify to join this CBD supplement class action lawsuit investigation.

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

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