Colo. Man Files Pot Candy Class Action Lawsuit

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Last Thursday, a Colorado resident filed a pot candy class action lawsuit against a chocolate vendor present at the Denver County Fair for allegedly giving him a pot-infused chocolate product that was advertised as being cannabis free.

Lead plaintiff Jordan Coombs has brought allegations against Beyond Broadway LLC, who had Full Melt Chocolate and LivWell booths set up at the fair, claiming, “Broadway gave him several pieces of chocolate at the Pot Pavilion at the Denver County Fair and expressly told by Broadway representatives that the chocolate contained no THC [tetrahydrocannabinol]. Upon ingesting  the chocolate the Plaintiff experienced an overdose on THC causing him to become seriously and physically ill requiring treatment and evaluation at the emergency room.”

Not only was Coombs rushed to the hospital, but he claims that on the way to emergency room he allegedly “projectile vomited uncontrollably in his car.” According to the class action lawsuit, this required professional cleaning and added expenses on top of Coombs’ medical expenses resulting from the alleged THC chocolate overdose.

In the Broadway pot candy class action lawsuit, Coombs alleges that by giving him and other Class Members pot-infused chocolate that was said to not contain cannabis, Broadway committed violations of strict liability, breach of warranty, negligence, failure to label, and negligent misrepresentation.

Coombs is not the only fair attendee to allegedly experience a THC overdose from chocolate distributed at the Denver Country Fair by Broadway. According to the 7News, Denver resident Richard Jones also alleges he was given pot-infused chocolate by a Broadway representative at the fair, but was told it did not contain cannabis.

When he began to experience side effects from allegedly ingesting marijuana without his knowledge, Jones believed he was experiencing a stroke or heart attack. Jones was rushed to the hospital, and blood tests allegedly revealed that Jones had over 100 nanograms of THC in his body system. According to Colorado law, this is 20 times over the legal driving limit for THC.

After several allegations and reports from fair attendees, an investigation was launched by the fair’s officials into Broadway’s vendors’ practices. According to a public statement released by the Denver County Fair Director Dana Cain:

“After the close of the fair, it was brought to our attention that there may have been an incident at the fair, involving sampling of Full Melt Chocolate Bars in the 21+ Pot Pavilion on Sunday afternoon. We alerted the Denver Police Dept and are currently working with the Marijuana Enforcement Division on an investigation. They are investigating Full Melt Chocolates and LivWell, the related company that contracted the booth in question. Additionally, our lawyer is in touch with Full Melt Chocolate. During our event we had a very strict policy that all of our vendors agreed to, banning all marijuana and THC products from the fair.”

In the Broadway pot candy class action lawsuit, Coombs seeks to represent a Class that would include all Denver County Fair attendees who were served THC containing chocolate by the vendor Beyond Broadway LLC.

Jordan Coombs is represented by Corey T. Zurbach of Frascona, Joiner, Goodman, and Greenstein PC.

The Broadway Pot Candy Class Action Lawsuit is Coombs v. Beyond Broadway LLC Full Melt Chocolate d/b/a and LivWell, Case No. 2014CV1233129, in the U.S. District Court for the District of Colorado.