(This story has been updated with a statement from Curaleaf.)
A 77-year-old Oregon resident sued marijuana multistate operator Curaleaf Holdings, seeking class action status for hundreds of consumers who bought Select CBD wellness drops last summer that instead contained “substantial amounts” of THC.
The 13-page lawsuit, filed Monday in U.S. District Court in Portland, Oregon, alleges that Curaleaf engaged in unlawful trade practices, gross negligence and “utter lack of reasonable and adequate safety and protocols when it manufactured, bottled, labeled, shipped, and sold its tainted products. …”
The suit asks that each consumer who bought the mislabeled drops receive their actual damages or $200, whichever amount is greater.
Massachusetts-based Curaleaf said in a statement Thursday that it is aware of the new class action lawsuit, but “neither the lead plaintiff in this suit, nor his attorney has reached out to Curaleaf prior to filing this additional suit.
“Curaleaf has provided appropriate compensation to nearly every customer who has reported being affected by the mislabeled product, and the company believes that seeking to resolve remaining customers concerns through such a class action will only enrich lawyers and not benefit customers and patients.”
The company previously apologized for the mix-up, attributing it to “unintentional human error.”
Curaleaf worked with Oregon regulators to recall the mislabeled batches. About 500 bottles of the CBD drops containing elevated THC were sold to consumers prior to the recall, according to the company.
A number of customers required medical attention. Curaleaf reportedly settled 10 individual suits earlier this year, including one for $50,000.
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Curaleaf said it made significant changes to its operation and protocols to prevent future mistakes.
“The health and safety of our patients and customers remains our number one priority and we feel confident about the changes made to ensure this doesn’t happen again,” Curaleaf said in Thursday’s statement.
Oregon marijuana regulators are seeking a 70-day suspension and $200,000 fine against Curaleaf, according to The Oregonian.
Curaleaf said in its statement that it is near a final resolution with regulators.