Infinite Product Company LLC, which does business as Infinite CBD, faces a proposed class action wherein a consumer claims the cannabidiol retailer’s products are “illegal to sell” in that they’re mislabeled under federal regulations.
The case centers on a November 22, 2019 FDA warning letter issued to Infinite CBD in which the agency noted that some of the company’s creams, gummies, oils and other products were marketed as unapproved new drugs, misbranded drugs, adulterated human foods, unapproved new animal drugs, and adulterated animal foods. In the letter, the case continues, the FDA cited numerous representations on Infinite CBD’s website and social media accounts that advertised the products as treatments for a wide range of diseases, including psoriasis, hepatitis, autism, Tourette syndrome, Parkinson’s and Alzheimer’s, and even cancer. The FDA, the suit says, stated that the defendant’s CBD products “are not generally recognized as safe and effective” for their advertised uses and are therefore considered “new drugs” under the Food, Drug and Cosmetic Act that must be submitted for approval.
The lawsuit stresses that since the defendant’s drugs and food products have not been tested nor approved by the FDA, they cannot be legally sold under federal and state laws as advertised due to safety concerns. According to the complaint, a review conducted by the plaintiff’s attorneys of publicly available data relating to one FDA-approved drug, as well as published scientific literature, indicated that the use of CBD products could cause liver damage and possibly harmful interactions with other drugs.
“Many unanswered questions and data gaps about CBD toxicity exist, and some of the available data raise serious concerns about potential harm from CBD,” the case states.
As the plaintiff tells it, he and other consumers purchased the defendant’s mislabeled CBD products without knowing they were being sold illegally. He claims he would never have purchased the items, or would have paid less for them, had he known they were mislabeled and falsely advertised.
The 35-page complaint out of California specifically names the following Infinite CBD products that were identified in the FDA’s letter: