August 25, 2020 – Case Voluntarily Dismissed by Plaintiff
The proposed class action detailed on this page has been voluntarily dismissed by the plaintiff, according to an August 18court filing.
U.S. District Judge William P. Dimitrouleas agreed to toss the suit without prejudice after CBD American Shaman LLC filed a motion last month to dismiss the case on the grounds that the plaintiff’s claims were not strong enough to proceed.
A proposed class action alleges the purportedly all-natural cannabidiol oils, topicals, gummies and edibles made by CBD American Shaman contain traces of heavy metals, including copper, nickel and lead.
Filed in Florida, the 14-page suit says CBD American Shaman “aggressively” markets its products as “all natural” and free from heavy metals or insecticides, and has included statements about such on the company’s “About Us” page online, in product descriptions and on product packaging. As the complaint tells it, the claim that CBD American Shaman products are free from harmful substances “is so critical” to the company’s advertising strategy that the defendant publishes on its website test results from reputable laboratories. In turn, the suit says, prospective customers can view these test results prior to purchase in order to examine a CBD American Shaman product’s heavy metal, contaminant and pesticide readings.
The plaintiff says that after using the defendant’s hemp oils and tinctures for a time, he “became curious” about CBD American Shaman’s “no heavy metals or insecticides” claim and sent several unopened products to ProVerde Laboratories, the same lab used by the company, for verification. After receiving the test results, the plaintiff learned the defendant’s claim that its products were free of heavy metals was false, as the oils failed testing for copper, nickel and lead, the lawsuit says.
“This means that not only does the product contain heavy metals (contrary to Defendant’s claims), but also that the presence is of such concentration as to fail laboratory testing,” the suit reads.
With regard to the tinctures sent by the plaintiff for testing, the lawsuit says that although no heavy metals were present, the products failed tests for yeast and mold, i.e. microbiological contaminants. The case claims the concentration of yeast and mold in the plaintiff’s products was three times the limits referenced within the test data itself.
The lawsuit looks to cover all consumers in the U.S. who, within the last four years, bought any product sold by CBD American Shaman based on the company’s advertisement that the wares contained no heavy metals, insecticides or contaminants.
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