Class Action Lawsuit Alleges Cannabis Brand Inflated THC Levels on Some Products

A class action lawsuit was filed on Thursday against California cannabis company DreamFields Brands Inc. / Med for America Inc., claiming the company inflates the THC levels on the packaging of its Jeeter brand. The lawsuit cites a WeedWeek article that found the THC content for all Jeeter products was “materially less” than what was listed on the product label and “well below” the 10% margin of error allowed under California rules.  

The lawsuit, citing the WeedWeek report, uses Jeeter’s Baby Jeeter Fire OG Diamond Infused 5-pack preroll as an example, noting the product’s label claims 46% THC but that the actual THC content was between 23% and 27%, a discrepancy of between 70% and 100%. The company’s Baby Jeeter Churros Diamond Infused 5-pack preroll listed THC content at 37% on the label but the THC content was actually between 26% and 29%, the lawsuit also alleges.  

“Defendants’ labels are false and misleading to reasonable consumers. Reasonable consumers expect that the required THC content declaration on the label of cannabis products is reasonably accurate. In other words, reasonable consumers expect that the declared THC content is substantially the same as the true THC content. Reasonable consumers also expect that the labels of cannabis products comply with [Department of Cannabis Control] regulations, and so reasonably expect that the declared THC content is no more than 10% greater than the true THC content. No reasonable consumer expects that the THC content declaration on the label of the product is wildly inaccurate, and that the true THC content is far less than the declared content.” — Centeno, Wilson, et. Al vs. Dreamfields Brands Inc. and Med for America, Inc.   

The lawsuit claims the defendants “know or reasonably should know they are misleading consumers” and that they “have a direct financial incentive to overstate the THC content of their products.” Or, alternatively, the defendants “are willfully blind (and at a minimum negligent with respect to) to the fact that the THC content declared on their products is substantially and systematically overstated,” the lawsuit argues.  

The class action lawsuit is seeking unspecified damages, restitution, punitive damages, attorney’s fees, and an injunction. The lawsuit was filed by Christin Cho and Simon Franzini of Dovel & Luner, LLP.