Koi CBD, LLC has been hit with a class action in which 2 customers claim that the California company’s products are illegal given their “prominent systematic” mislabeling for purposes unapproved by the FDA.
According to the 42-page complaint, Koi was one of 15 CBD sellers to receive FDA warning letters concerning what the federal agency described as violations of the federal Food, Drug, and Cosmetic Act.
According to the FDA, Koi was among 14 other companies criticized for “marketing unapproved new human and animal drugs,” labeling their CBD products as dietary supplements and adding cannabidiol to human and animal foods.
What’s in the lawsuit against Koi CBD, LLC?
The plaintiffs said in their lawsuit (PDF) that they would have not have bought or paid as much for their products if they had known that they were mislabeled and falsely advertised, alleging violations of a multitude of state and federal laws, including California and U.S. Food, Drug and Cosmetic statutes.
The lawsuit claims Koi’s CBD healing balm, vape oil, lotion, gummies, and other products are illegal in that they’re marketed and advertised in contrivance to FDA guidelines.
The class-action lawsuit asserts that Koi CBD, LLC cannot legally label its infused CBD as a dietary supplement given that the FDA has excluded CBD products from federal dietary supplement guidelines based on available evidence.
According to the plaintiffs Koi CBD, LLC’s healing balm, vape oil, lotion, and gummies are illegal because the company advertises that the products as “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.”
The case emphasizes that new drugs “may not be legally introduced or delivered for introduction into interstate commerce” without FDA approval.
Koi CBD, LLC website shares user testimonials on CBD fixing their medical conditions. Statements that the FDA says are illegal for companies that sell CBD.