The judge overseeing the lawsuit detailed on this page dismissed the plaintiff’s claims with prejudice on November 4, 2021, meaning she cannot re-file her case.
Though the parties had previously indicated in a July letter to the judge that they had “made progress toward reaching a settlement agreement,” no settlement was mentioned thereafter in court documents, and it is unclear whether any private deal was reached.
A proposed class action alleges multi-level marketing outfit Total Life Changes, LLC has falsely represented that its Raspberry Lemonade Instant Tea contains no tetrahydrocannabinol when the product does, in fact, contain THC, the primary psychoactive ingredient in cannabis.
According to the 20-page suit, consumers have been “misled” into buying the defendant’s Raspberry Lemonade Instant Tea, which reportedly retails for nearly $60 per package, and would not have done so had they known the company’s representations as to the amount of THC in the product were “false, deceptive and/or misleading.”
The lawsuit claims the plaintiff, an Alabama resident who lived in Minnesota until September 2020, “saw, read, and relied on” Total Life Changes’ representations in deciding to buy the instant tea and was subsequently terminated from her job after failing a drug test.
Per the suit, Total Life Changes develops, markets and sells vitamins, weight loss supplements, teas, essential oils and skin care products worldwide. The defendant’s representatives are referred to as “life changers” and sell products to consumers while earning a 50-percent commission on each product sold, the case says.
The lawsuit relays that Total Life Changes received a Federal Trade Commission (FTC) warning letter around April 24, 2020 with regard to certain social media posts made by the company’s business representatives. The social media posts “unlawfully advertise that certain products treat or prevent Coronavirus Disease 2019 (COVID-19),” the complaint states. In May 2020, the defendant was sued by the California non-profit Environmental Research Center over allegations that Total Life Changes “exposed consumers to lead” in the state through certain products in violation of Proposition 65, according to the lawsuit.
Although the package of the defendant’s Raspberry Lemonade Instant Tea states it contains “0.0% THC,” this representation is false, the lawsuit alleges.
Per the suit, the plaintiff reached out to a regional director for the defendant in June 2020 to ask about a product that would not cause her to fail a work-related drug test. The individual recommended that the plaintiff buy the Raspberry Lemonade Instant Tea because it contains no THC, the case claims.
After the plaintiff failed a work-related drug test in July, she reached back out to Total Life Changes and was told that while the company’s lemon-flavored tea contains THC, the raspberry lemon variety does not, the suit continues. The plaintiff was ultimately terminated from her job on July 20, the case states.
Using an at-home marijuana drug test kit, the plaintiff tested every product she received from Total Life Changes—the Raspberry Lemonade Instant Tea and two varieties of drops—and found that the tea did, in fact, come back positive for THC, the lawsuit claims.
The suit alleges violations of the Minnesota Consumer Fraud Act, Unlawful Trade Practices Act and False Statements in Advertising Act.
The lawsuit's December 3 filing was followed by a lawsuit brought on December 9 over similar allegations. In that case, the plaintiff alleged he purchased Total Life Changes' IASO Tea Instant with broad-spectrum hemp extract under the belief that the product contained 0.0 percent THC. According to the lawsuit, the plaintiff, a New Jersey resident and parolee, failed a urine sample drug test after consuming the tea.
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