A lawsuit that could have turned into a landmark marijuana legal case has been tossed by a district court judge in Colorado.
Cannabis retail chain LivWell Enlightened Health was sued last October by a pair of former customers who alleged that the company used controversial pesticides – including Eagle 20 – during the cultivation process.
But this past week, Denver District Court Judge Eric Eliff dismissed the suit after ruling that the two plaintiffs had failed to demonstrate any “cognizable injury.”
“Plaintiffs sole state injury is that they overpaid for (LivWell’s) product,” Eliff wrote in his ruling. “There are no allegations that the product did not perform as it was supposed to… Nor are there any allegations that Plaintiffs suffered physical or emotional injury.”
Attorney Dean Heizer, counsel for LivWell, called the suit, “nothing but an improper and abusive attempt to injure our business,” and said the company is considering a counter-suit for attorney’s fees, costs and abuse of process.
LivWell owner John Lord said in the same release that he believes the driving forces behind the lawsuit “do not want the commercial cannabis industry to succeed and will try anything to bring down the industry.”