Class Action Lawsuit Alleges Cresco Labs Vapable Oil Products Contain Illegal Amounts of THC

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Cresco Labs faces a proposed class action lawsuit out of Illinois over its allegedly illegal marketing and sale of cannabis vape products with excessively high tetrahydrocannabinol (THC) levels.

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The 47-page case accuses Cresco Labs and several affiliates of putting Illinois consumers at risk of overconsumption and legal repercussions by misrepresenting its vapable oil products, which include cartridges, disposable vape pens and concentrates like resin, rosin, budder, badder, crumble and shatter sold under brand names Cresco, Good News, High Supply and FloraCal.

Under the Illinois Cannabis Regulation and Tax Act, cannabis-infused products such as Cresco Labs’ vaping items can contain no more than 100 milligrams of THC per package, the lawsuit explains. In addition, Illinois residents over the age of 21 purchasing for recreational purposes are prohibited by law from cumulatively possessing more than 500 milligrams of THC contained in cannabis-infused products, the complaint relays.

As defined by Illinois law, cannabis-infused products contain cannabis or cannabis concentrate that is not intended to be smoked, the suit says. Unlike smokeable concentrates, cannabis-infused products like Cresco Labs’ vapable oils are intended to be consumed by vaporizing the contents and then inhaling them using a non-combustible heating device, the filing describes.

Despite this, the defendant markets its vapable oils as if they were smokeable concentrates because these items are not subject to any per-package caps and have higher personal possession limits, the Cresco Labs lawsuit contends.

Indeed, the case claims, Cresco Labs sells its vapable oils in 300-milligram, 500-milligram and 1-gram quantities, which exceed the legal THC limit for cannabis-infused products by three, five and 10 times, respectively.

“On information and belief, [Cresco Labs] made this representation to deceive regulators and consumers in order to allow [the defendants] to sell vapable oils using the 5-gram limit applied to concentrates, instead of the lower 500-milligram [cannabis-infused products] limit imposed on Illinois residents, or the even lower limits imposed on out-of-state consumers,” the suit asserts.

Per the filing, Cresco Labs’ alleged misconduct has allowed it to maximize its market efficiencies and generate significant profits at the expense of consumers’ health and safety.

“By selling their vapable oils with THC content well above the legally allowed limit, [the defendants] put their customers at risk of adverse physical effects like psychoactive effects, anxiety attacks, or overwhelming intoxication,” the case argues.

The plaintiff, an Illinois resident, claims he would not have bought a Cresco High Supply Space Fruit 500-milligram cartridge had he known the product was out of compliance with statutorily imposed limits, required labels and packaging.

The lawsuit looks to represent anyone who, within the applicable statute of limitations period, purchased within Illinois any vapable oils manufactured, processed, labeled and/or packaged by Cresco Labs.

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