CBD product manufacturers Charlotte’s Web Holdings, Inc. and Infinite Product Company, LLC, better known as Infinite CBD, are named as defendants in class action lawsuits filed in the Northern District of California.
The lawsuit was first reported by supplement and nutrition industry news site NutraIngredients-USA.com. The lawsuits were filed a few days after the FDA sent warning letters to 15 CBD brands for “making medical claims and illegally selling products containing CBD” including Infinite CBD.
In the lawsuit, plaintiff Michele McCarthy stated that she bought a bottle of CBD olive oil for $254.77 from Charlotte’s Web website. She alleges that the product was marketed as a dietary supplement, something that the FDA says is illegal.
One look at their bottle and it does state “Dietary Supplement”, for which the FDA has stated on numerous occasions that CBD is not a dietary supplement.
The Company believes that its products are accurately labeled and that the claims are without merit. The Company intends to vigorously defend itself against any such suitsCharlotte’s Web statement
Infinite CBD class-action lawsuit
Adam DaSilva’s suit against Infinite CBD, meanwhile, targets various products sold by that company, including “Freezing Point CBD Topical Cream” and “Afterglow Healing Oil 100 mg CBD Total.” Freezing Point CBD Topical Cream is promoted as a painkiller and muscle relaxant, the complaint says.
DaSilva claims Infinite CBD made common marketing statements that CBD can relieve symptoms of autism, that cannabinoids have been found to inhibit the growth of cancer cells, and that, because of opioids’ addictiveness and painful withdrawal symptoms, people have moved to use CBD.
But products marketed for the mitigation or treatment of disease, or to affect the structure or any function of the body, are drugs that must be pre-approved by the FDA, the suit says.
The cases are Dasilva v. Infinite Product CO., C.D. Cal., No. 2:19-cv-10148, filed 11/27/19; McCarthy v. Charlotte’s Web Holdings, Inc., N.D. Cal., No. 5:19-cv-07836, filed 11/30/19.
With the rise of class-action lawsuits, we have to wonder which CBD brand is next?