THC Products: A New Frontier Of Product Liability

THC products are still illegal in Florida, but not all products fall under the Controlled Substances Act. Today, only Delta-9 THC, which is your typical marijuana, falls under the CSA. Delta-8 THC, CBD, and related products do not, making them quasi-legal to sell in stores. In other states, marijuana has been legalized and Delta-9 THC products can be sold legally from storefronts. But what happens if a user takes too much? What if they have a bad interaction? What if they end up in the emergency room? Can they sue?

Whether or not you can file a successful product liability lawsuit depends on a number of factors. In the case of marijuana, the majority of product liability lawsuits would fall under a theory of failure to warn. The public believes marijuana is safe but only when compared against something like heroin. Complications arising from physical conditions or mental health conditions can cause serious problems for some users.

In this article, we’ll discuss some of the lawsuits that may emerge from marijuana product liability.

Misrepresentation and failure to warn 

Companies cannot make claims about a product that mislead a customer concerning its safety. While marijuana is associated with fewer health problems than alcohol, it would be misleading to call it safe. Companies that market their product as safe alternatives may find themselves facing lawsuits if a customer has an adverse reaction. Companies that produce these products will need to place warnings on their product similar to those that you see on cigarette boxes.

Product contamination lawsuits 

One lawsuit has already been filed against a company that mislabeled THC products as CBD products. This resulted in some folks ending up in the emergency room and one person being diagnosed and treated for a stroke (which he didn’t have). Just like any manufacturer of consumable products, if the marijuana product is tainted, then the company is responsible for paying damages. They will pay damages to the poor folks who thought they were consuming CBD, but were actually consuming THC.

Cannabis causes psychosis in some users 

There is increasing evidence that those with predispositions toward schizophrenia, schizoaffective, and bipolar disorder are at increased risk of developing psychosis and mental health problems as a result of repeated marijuana use. In this case, placing warning labels on marijuana products for those with mental health would help marijuana manufacturers stave off the cavalcade of lawsuits that could follow legalization.

Adolescents and addiction lawsuits 

Right now, JUUL and related products are facing lawsuits related to candy-flavored cigarette smoke from vapor cigarettes. Are marijuana companies learning from this? No. You can now get bubble-gum-flavored marijuana juice in a candy wrapper if you want. So, prepare yourself for lawsuits claiming that marijuana companies are targeting juveniles by making candy-flavored pot products.

Talk to a Florida Product Liability Lawyer Today 

Halpern, Santos & Pinkert represent the interests of those injured by consumer products. Call our Florida personal injury attorneys today to schedule a free consultation and learn more about how we can help.

Source:

mondaq.com/unitedstates/cannabis-hemp/1241864/cannabis-and-hemp-companies-disregard-emerging-product-liability-risks-at-their-peril-