Woman Sues CBD Vape Company for Failing Drug Test
A woman from Pennsylvania who was fired from her job after testing positive for cannabinoids has sued a marketer of CBD (cannabidiol) products in the Superior Court of Los Angeles County.
Original source Naturalproductsinsider.com https://www.naturalproductsinsider.com/litigation/pennsylvania-woman-sues-cbd-company-after-failed-drug-test
In what could be a landmark case for the CBD industry – and CBD vape products in particular – a woman has filed a lawsuit against Koi Brands, LLC.
In her complaint, she claims she was using a Koi CBD vape product for approximately a year for back pain. that was labeled 0% THC. She lost her job after testing positive for cannabinoids.
This case is a bombshell and involves two key issues concerning CBD:
- Drug test failure
- Medical/Nutritional claims in marketing
Additionally, the lawsuit questions whether vaping or inhaling a substance can be considered a taking a dietary supplement at all.
Drug Test Fail from CBD Vaping
The first issue is the drug test. OK, let’s assume that she is completely honest and was not a cannabis user.
The complaint doesn’t say she tested positive for THC specifically, it says she tested positive for cannabinoids. It’s unclear what she tested positive for.
The suit is blaming Koi’s marketing material for stating that consumers will not fail a drug test with a 0%THC product.
So it seems that Koi’s product was in fact THC free, but the plaintiff lost her job anyway – thus the lawsuit.
Medical and Nutritional Claims
The lawsuit also accuses Koi of making unproven medical claims.
This is the main bugaboo for the FDA. They are extremely vigilant about policing unsubstantiated claims.
So far, the FDA has approved just one CBD drug – Epidiolex. Any health claims about any other CBD products are considered false and unlawful.
The irony is that the plaintiff admits that the CBD vape product in question greatly relieved her back pain.
Is Vaping a Supplement?
Additionally, the complaint faults Koi for having a supplement facts panel on the package – claiming that it is misleading because vaping in not considered a dietary supplement by the FDA.
The FDA lumps CBD vape juices with nicotine/tobacco products. In other words, they see no nutritional or health benefits from vaping CBD hemp extract.
You can be sure that this case will be closely watched by the industry and by the FDA.
It may set precedents and guidelines for CBD labeling and marketing. It may even influence the FDA and congress concerning future laws and standards.
Let’s hope the fact that this product actually helped some one with pain relief doesn’t get lost in all the fuss.
Breath in the goodness of CBD