Lifted Liquids Urb Vape Products Contain Illegal Levels of Delta-9 THC, Class Action Lawsuit Alleges

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A proposed class action lawsuit claims Lifted Liquids, Inc. has concealed from consumers that its Urb-brand delta-8 and delta-10 vape products contain an illegal amount of delta-9 tetrahydrocannabinol (THC).

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According to the 24-page lawsuit, the manufacturer is required by federal and state laws to limit the delta-9 THC content in its delta-8 and delta-10 vape products to less than 0.3 percent. However, independent laboratory testing showed that each sample of the defendant’s Urb vape products, in fact, contained between 1.35 and 3.99 percent delta-9 THC—between 450 and 1,330 percent over the lawful maximum, the case alleges.

The class action suit challenges the delta-9 THC content claims featured on Urb-brand delta-8 and delta-10 vape products, including:

• Flight Fuel disposable devices and cartridges;
• Mile High disposable devices and cartridges;
• Aerovape disposable devices;
• Smart Device disposable devices with delta-8 THC distillate;
• Saucy THC Diamonds disposable devices and cartridges;
• Iced Diamonds disposable devices;
• incredibles disposable devices;
• Liquid Badder disposable devices and cartridges;
• Live Sugar disposable devices;
• Live Resin cartridges;
• THC Infinity and THC Infinity Plus disposable devices and cartridges;
• Diamond Supply Co. disposable devices; and
• Koko Puffz Liquid Diamonds disposable devices.

Per the complaint, the labeling of the vape products at issue explicitly represents that they contain less than 0.3 percent delta-9 THC, a more potent form of THC than hemp-derived delta-8 and delta-10. Products containing delta-8 and delta-10 are legal to sell, purchase and possess as long as they contain less than 0.3 percent delta-9 THC, which is a federally controlled Schedule 1 drug, the filing shares.

Lifted Liquids has intentionally advertised that its Urb products contain a lawful amount of delta-9 THC in order to sell them and entice consumers who seek items that will produce milder effects than vape products containing cannabis-derived substances, the lawsuit contends.

“Consumers purchase [Lifted Liquids’] products believing they are perfectly legal and safe to use, and instead receive products criminally outlawed in many states throughout the country (and federally) and could result in them get [sic] fired for a failed drug test or serving prison time for driving under the influence, possession, or use,” the suit charges.

The case claims that consumers would not have purchased the company’s vape products had they known the items contained an illegal amount of delta-9 THC.

The Urb lawsuit looks to represent anyone in the United States who purchased the items listed on this page for personal or household use at any time within the last four years.

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