Lawsuits Filed Over Recalled CBD Drops That Contained Actual THC, Resulting in Emergency Room Visits

Following a recall of hemp tincture products issued last month, which were only supposed to contain cannabis oil, but actually included the psychoactive ingredient THC as well, a number of consumers have filed lawsuits against the manufacturer.

The Oregon Liquor and Cannabis Commission (OLCC) announced the original cannabis oil recall on September 21, indicating that a batch of Curaleaf, Inc. Select CBD Drops “Broad Spectrum” Unflavored 1000 MG CBD hemp tinctures (PDF), which were only supposed to contain cannabidiol (CBD), also contained tetrahydrocannabinol (THC).

CBD is used to prevent seizures and has antipsychotic effects which some use to prevent anxiety and treat psychotic symptoms, among other effects. THC, however, is the component of marijuana which causes the “high” for which it is most known.

The recalled tinctures were sold at dispensaries throughout Oregon.

Curaleaf has admitted the problem was the result of a labeling mix-up, which led to three consumers visiting emergency rooms and one being hospitalized after unknowingly ingesting THC.

Since the recall, at least four product liability lawsuits have been filed against Curaleaf over the incident. The most recent complaint (PDF) was filed by Michael Lopez, Amy Cantu, his granddaughter, and Susan Lopez-Henri, his daughter, on October 6 in Oregon federal court, naming Curaleaf, Inc. as the lone defendant.

All three plaintiffs in the lawsuit say they consumed the recalled CBD drops, with Lopez being taken by ambulance to an emergency room due to concerns he was having a stroke. The lawsuit indicates he suffered unnecessary surgery, confusion, stress, anxiety, psychosis, and feared for his life as a result of unknowingly ingesting THC, which was not mentioned on the label as an ingredient.

Cantu indicates she suffered nausea, dizziness, tunnel vision, weakness, confusion, discomfort and distress for several hours, while Lopez-Henri, who was undergoing rehabilitation, suffered feelings of being intoxicated despite being in recovery, confusion, stress, anxiety, discomfort and may possibly need to restart her rehabilitation program.

“Defendant labeled, marketed, advertised and sold the Select CBD Drops consumed by plaintiffs as containing cannabidiol (CBD), which does not produce intoxicating effects,” the lawsuit states. “In reality, the Select CBD Drops consumed by plaintiffs contained tetrahydrocannabinol (THC), a psychoactive compound in cannabis that produces intoxicating effects. In Oregon, drops containing THC are not permitted to be sold to consumers without a warning label.”

The lawsuit seeks economic and punitive damages.