A lawsuit filed in Arkansas’ Faulkner County Circuit Court in June alleges that marijuana businesses manufactured and sold vaping products whose THC levels were improperly labeled.
The lawsuit identifies J.W. Nguyen as an Arkansas resident who purchased a marijuana vape product marketed as being low in Delta-9 THC — the psychoactive chemical found in marijuana.
According to the lawsuit, marijuana products that are low in Delta-9 THC are permitted under federal law. The lawsuit claims that Nguyen later tested positive for Delta-9 THC after using the product, and it indicates that subsequent testing revealed the marijuana vape contained inappropriate levels of Delta-9 THC.
A photograph of the vape product’s label says the product “Contains Natural Hemp Extract.”
The lawsuit alleges that the mislabeling violates the federal RICO law, the Arkansas Deceptive Trade Practices Act, and the federal Magnuson-Moss Act.
This lawsuit filed in state court is separate from a federal RICO lawsuit brought against a group of marijuana businesses in July alleging the businesses conspired to mislabel THC levels in marijuana products.