Several companies that sell CBD products are the subject of class-action lawsuits based on claims their labeling and advertising has inaccurately conveyed their levels of potency following independent lab testing.
At least two CBD companies – Hemp Bombs and JustCBD – have been named as defendants in class-action lawsuits alleging that their products contain a higher percentage of cannabinoids (specifically cannabidiol, or CBD) than they actually do, according to National Law Review and a Top Class Actions report.
In one lawsuit, JustCBD's Liquid Honey Tincture products were allegedly sold under the claim that they contained 100 mg of CBD, yet lab tests showed that the percentage was just 48.92 mg – more than 50% less than advertised, according to a Top Class Action. No CBD was found during the testing of jars of JustCBD Apple Rings Gummies, which were advertised to customers as containing 250 mg per jar. JustCBD products are sold by a number of vendors, including Just Brands USA Inc, the report stated.
Along with claims of inaccurate potency labeling, the lawsuit filed against Hemp Bombs also alleges that products marketed as "pure" and "certified pure" were done so because the company "knew that consumers would pay more" for them, according to NLR. In that lawsuit, the defendant seeks refunds, punitive damages and disgorgement of all profits from the sale of the allegedly misleading products.
No FDA Labeling Requirements
CBD is the chemical compound found in cannabis that does not cause the same intoxicating effect or "high," as THC when ingested, and many who use it claim that its properties bring about stress and pain-relief. The sale of CBD-infused products such as tinctures, gummies and other edibles is not currently regulated by the US Food and Drug Administration.
According to a Lhasa OMS blog post, manufacturers are not required to list the exact amount of CBD in their products, although "many" have done so to "become transparent" with consumers, using milligrams as a form of measurement.
CBD product regulations "tend to overlap" with those in the food, cosmetics, beauty and health industries, according to the NLR report, which also claimed that class-action litigation related to inaccurate, misleading or false label claims has been an "ongoing trend" in the former and has spread into the others.