Bhang Medicinal Chocolates Contain Less THC, CBD Than Advertised, Lawsuit Says [UPDATE]
Last Updated on October 23, 2020
Ballard v. Bhang Corporation
Filed: December 4, 2019 ◆§ 5:19-cv-02329
The Bhang Corporation is facing a proposed class action lawsuit that claims the company misrepresented the THC and CBD content of its “Medicinal Chocolate” products.
Case Updates
October 2, 2020 – Private Settlement Reached
The plaintiff in the case detailed on this page has reached a private settlement with Bhang Corporation and several related companies who were named in an amended complaint.
The settlement notice, which divulges no details about the deal, can be read here.
A proposed class action lawsuit alleges that the Bhang Corporation falsely claimed its “Medicinal Chocolates” contain more THC and CBD than they actually do.
According to the complaint, independent lab tests commissioned by the plaintiff found that the products contain “substantially less” THC and CBD than their packaging and advertising materials state. The case claims that the products’ labeling is therefore misleading and constitutes false advertising and fraud.
The lawsuit takes specific issue with the labeling of Bhang Corporation’s chocolates as it has a significant bearing on consumers’ decision on whether to purchase the products.
“The amounts and/or levels of THC and/or CBD are not only material,” the case explains, “but the primary reason consumers purchase THC and/or CBD products such as Bhang Products.”
With regard to the lead plaintiff, the complaint claims the man relied on the defendant’s false and misleading representations when he purchased the chocolates from several of Bhang’s Southern California locations. According to the case, the plaintiff bought the products at a premium price that he would not have paid had he known the chocolates did not contain as much THC or CBD as their packaging stated.
The lawsuit seeks to represent all persons in the U.S. who purchased Bhang products for personal use and not for resale between December 4, 2014 and December 31, 2018, with a separate class for California customers. The suit requests that the defendant be ordered to “correct, destroy, and change all false and misleading labeling terms relating to Defendants’ statements and representations.”
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