In September 2021, OLCC discovered bottles labeled as CBD oil containing THC. Now, Curaleaf is facing a dozen lawsuits
PORTLAND, Ore. (KOIN) – A 77-year-old Oregon man filed a federal lawsuit Monday in his name and on behalf of anyone else affected by mislabeled CBD drops produced by Curaleaf, Inc. in 2021.
The drops inadvertently contained high doses of THC and the demand calls for at least $ 200 for each person affected.
Oregon law requires that all THC-containing products have a consumer warning label. THC, or tetrahydrocannabinol, is the chemical responsible for most of the psychological effects of marijuana. However, according to a KOIN 6 News investigation report obtained from the Oregon Liquor and Cannabis Commission, it appears that a Curaleaf employee accidentally mixed the THC-free product and the THC product during the bottling process.
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Since the original discovery and withdrawal of the product in September 2021, 12 lawsuits have been filed against Curaleaf related to the product mix. One is a lawsuit for unjust death in which the person representing Earl Jacobe’s property claims that the symptoms Jacobe experienced in inadvertently ingesting THC contributed to his death at age 78.
Jason Crawforth, an Idaho man who claims to have been affected by the unexpected THC of the drops, said he went to the emergency room when he began to experience intoxicating effects after taking what he thought were drops of CBD.
“Health complaints have ranged from ‘too high to go to work’ to people realizing they couldn’t keep driving and that [a] the passenger takes charge or calls someone to pick them up, to the emergency room visits and the helicopter evacuation to the hospital for stroke-like symptoms, “the OLCC wrote in its research report.
In the latest lawsuit filed Monday, Ronald Williamson said he bought the CBD drops at the Tillamook Sweet Relief dispensary on August 1, 2021.
The lawsuit does not state how Williamson was affected by the THC in the drops, but claims that Curaleaf, Inc. pay Williamson and anyone else who has purchased the mislabeled CBD drops on or after June 19, 2021, the greater of their actual damages or $ 200 in legal damages, punitive damages and fees and reasonable costs.
The allegation falsely accuses Curaleaf of misrepresenting that the product had the characteristics, uses, benefits and qualities of a THC-free CBD product.
Williamson is requesting a jury trial.
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The report released by OLCC states that they first became aware of concerns about the fall of Curaleaf CBD on September 9, 2021, after Crawforth sent an email to OLCC officials.
The OLCC began requesting that tests be performed on CBD drops that were bottled at the same time as those that were allegedly causing problems. Product batch test results showed large amounts of THC and undetectable amounts of CBD in the drops.
Typically, the product was intended to include about 30 mg / ml CBD and undetectable amounts of THC. The product that caused concern contained about 30 mg / ml of THC and undetectable amounts of CBD.
On September 21, 2021, OLCC sent a notice of urgent withdrawal to all dispensaries in the state, asking them to remove from their shelves the products “Select CBD Drops ‘Broad Spectrum’ tasteless 1000mg CBD”. They said the product was manufactured by Cura CS, LLC.
This photo shows the product Curaleaf CBD which was withdrawn in September 2021. Courtesy OLCC
On September 24, 2021, an inspector collected bottles of a Curaleaf THC product from dispensaries and tested its contents. The test revealed that it included 33.4 mg / ml CBD and undetectable amounts of THC, implying that this product may have been replaced by the other CBD product during the bottling process.
OLCC documents indicate that between June 19, 2021 and September 21, 2021, 523 packets of the withdrawn CBD product were sold to consumers and retailers had received 629 units of the THC product.
Curaleaf and OLCC reviewed the surveillance video from inside the bottling facility on June 1, 2021. An employee named Liam Drain was commissioned to bottle the CBD tincture.
In the video, which was not released with the OLCC report, but which OLCC described in detail, Drain enters a cage where both CBD tincture and THC tinctures are stored. The hemp product, or CBD product, was stored in a bucket with a blue lid and the THC tincture was in a bucket with a white lid. Both products had unique identification numbers that were only one digit away from each other and were stored side by side on a shelf.
The video shows Drain taking out the bucket with the blue lid (CBD tincture) and placing it on a table. Then he grabs the paper and compares it to the bucket with the blue lid. Look at a whiteboard at the end of the production area that explains the instructions on which batches to mix on that day.
The drain re-enters the cage and looks at a bucket with a white lid. Take out a white-capped bucket, take it to the bottling area, and replace it with the blue-capped bucket. Then bring the bucket with the blue lid to the safety cage.
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The video shows Drain comparing the white-cap bucket label on the board and comparing it to the documentation. Shortly afterwards, the video shows Drain bottling the product from the bucket with the white lid.
Drain confirmed to OLCC that he was the person in the video and that he may have removed the ID tag from one bucket and accidentally replaced it with the tag on the other bucket.
The OLCC said Curaleaf had been cooperating during the investigation and withdrawal and that the company had taken proactive steps to ensure that an incident like this did not happen again. Curaleaf is headquartered in Massachusetts, but has facilities in Oregon.
As of October 26, 2021, all products withdrawn from the market were returned to Cura Cannabis Solutions or destroyed by retail licensees.
