Curaleaf Select CBD Drops Contain Undisclosed THC, Class Action Alleges [UPDATE]
by Erin Shaak
Last Updated on October 2, 2023
Williamson v. Curaleaf, Inc.
Filed: May 30, 2022 ◆§ 3:22-cv-00782
A class action alleges Curaleaf has failed to disclose that some of its Select CBD Drops contain tetrahydrocannabinol, the psychoactive component of cannabis.
October 2, 2023 – Curaleaf Agrees to $100K Settlement in Select CBD Drops Class Action; Deal Awaits Final Approval
The proposed class action lawsuit outlined on this page has been settled for $100,000.
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The settlement, which awaits final approval, covers anyone with an Oregon address who purchased one of Curaleaf’s allegedly mislabeled Select CBD Drops at any time since June 19, 2021.
Per the settlement agreement, Curaleaf will distribute $100,000 to class members via paper check or electronic transfer upon final approval from the Oregon court.
The plaintiff first notified the court of the proposed deal with Curaleaf in a 40-page motion detailing the terms of the settlement on May 17, 2023. The parties received preliminary approval of the terms from United States District Judge Karin J. Immergut on June 29.
The plaintiff’s unopposed motion states that consumers who file a valid claim will receive individual payments of between $150 and $200, depending on how many claims are submitted. The settlement class is estimated to include around 500 people, the motion relays.
In an eight-page preliminary approval order, the judge stipulated that the settlement administrator, CPT Group, was required to begin notifying potential class members by July 29 of this year. The hearing to grant final approval to the settlement is scheduled for November 14, 2023.
Court documents share that any settlement funds that go unclaimed will be paid as a cy pres award to Oregon Consumer Justice, a nonprofit focused on consumer protection issues in the state.
According to the official settlement website, the deadline by which to file a claim was September 27, 2023.
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A proposed class action alleges Curaleaf, Inc. has failed to disclose that some of its Select CBD Drops contain tetrahydrocannabinol (THC), the psychoactive component of cannabis.
The plaintiff in the case is a 77-year-old Oregon resident who claims to have purchased Select CBD Drops from the Sweet Relief dispensary in Tillamook, Oregon without being warned that the product contained “substantial amounts” of THC.
According to the case, the Select CBD Drops were marketed and advertised as containing cannabidiol (CBD), a component of cannabis that does not produce intoxicating effects. THC, on the other hand, is “not fit for unintentional human consumption,” the suit says, as it can impair a person’s ability to drive and cause “unwanted anxiety, panic, and acute psychosis.”
The lawsuit states that in Oregon, it is unlawful to sell products containing THC without a warning label disclosing the amount of the substance contained therein.
According to the suit, Curaleaf’s allegedly false advertising of its Select CBD Drops product and failure to maintain adequate quality control and safety measures have caused consumers “harm and ascertainable loss of money” given the products they purchased were not worth as much as they paid.
The 13-page case comes more than eight months after the Oregon Liquor and Cannabis Commission issued a recall for the Select CBD Drops at issue due to the presence of “undisclosed levels of THC.” According to a September 2021 press release, the recall included an estimated 500 units of the Select CBD Drops Broad Spectrum Unflavored 1000 MG CBD produced on May 14, 2021 and sold starting on June 19.
The lawsuit looks to represent Oregon residents who, on or after June 19, 2021, purchased one of the allegedly mislabeled Select CBD Drops products containing a substantial amount of THC that was not disclosed on the label.
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