Pennsylvania’s massive marijuana vape recall spurs two lawsuits

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Two lawsuits have been filed over Pennsylvania’s immense medical marijuana vape cartridge recall ordered in February by the state health department.

According to Grown In, the first suit, filed by Pennsylvania Medical Marijuana Access and Patient Safety, requests a preliminary injunction to bar the state from destroying 600-plus vape product lines that were recalled and to force regulators to return the products to retailers.

The second suit, filed by one of the companies affected by the recall, Agri-Kind, asks why its vape products were included in the recall and seeks to have products returned.

The recalled products have not yet been destroyed but are being held in quarantine, Grown In reported.

Attorney Judith Cassel, who represents the plaintiffs in the Pennsylvania Medical Marijuana Access and Patient Safety suit, estimated industry losses stemming from the recall to be roughly $18 million for about 670 different affected products.

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According to that suit, the recall’s rationale was “nonsensical” Law360 reported, because it was based on terpene additives not having been approved by the U.S. Food and Drug Administration for inhalation and, therefore, not being allowed in MMJ products under state law.

The Pennsylvania Medical Marijuana Access and Patient Safety suit also contends the state health department acted outside its authority because there no consumer complaints were filed with authorities regarding the recalled products.