Failed Drug Test Results in Class Lawsuit Against CBD Gummy Manufacturer; Claims Fraud

The CBD company JustCBD is under heavy fire from both CBD enthusiasts, and well, pretty much every other part involved with regulation. 

Trevor Darrow, a trucker in Winnebago County, Illinois, failed a drug test, allegedly from the use of JustCBD’s line of gummy bears.

“At First I thought there was some kind of mistake the lab had made,” Darrow told ABC7 in an interview, “There’s a symbol on the label that states there’s no THC in the product itself.” A claim that should be trusted by the consumer, but stories like this keep adding fuel to the fire that is mistrust.

“One or two gummies per night knocked me right out and I slept throughout the entire night,” he said. “And for two weeks I was taking the product and that is the result of the failed drug test.” One of the leading reasons people turn to CBD is for insomnia.

The obvious issue here is that CBD products should never cause a failed drug test, as the legal amount of THC inside all CBD products is .3%, which is such a trace amount that an overwhelming amount of product would have to be used in a “short” amount of time. Short being different with varying metabolic processes. 

Still, CBD companies that claim the product has no THC, should back these claims with credible third party lab results. And even then, what if JustCBD did post these lab results? 

Oh, wait…

JustCBD has lab results for each category of their products, all staying well below the legal amount of THC.

Darrow filed a lawsuit in October, which his lawyers claim the outright false advertisements, such as the label on the package, to be inherently lying. Darrow didn’t buy a CBD isolate, which would’ve made slightly more sense as those products shouldn’t claim any other cannabinoids, including THC.

The lawyers are arguing the violation of the Illinois Consumer Fraud and Deceptive Trade Practices Act because of these misleading labels. A label saying “No THC” when their lab results directly contradict that statement, well, doesn’t bode well for the company JustCBD.

Darrow reportedly was fired for the failed drug test, as it was positive for THC. He blames the gummies for this. David Fish, the attorney representing Darrow, said that he bought the gummies specifically for the fact that it had “no THC.”

In a communication between ABC7 and the aforementioned CBD brand, “JustCBD,” the lawsuit holds “no merit,” according to a spokesperson. That all of their products hold true to “current laws and regulations.”

“Just CBD takes great pride in the quality of its products, its testing protocols and uses isolate based products, which do not contain THC above .3%, which is consistent with current laws and regulations.”

“It is also worth noting that drug tests administered by employers vary greatly in their accuracy and sensitivity to a number of chemical compounds, recreational or pharmaceutical drugs that could result in a positive finding of THC,” the spokesperson said.

The class action lawsuit is available to anyone who purchased JustCBD products with the same “no THC” label, for anyone in Illinois.

So, what should happen next? The fact is that if the products do indeed stay less than .3% THC, then the regulation part is fine. However, the labeling here is indeed misleading, but what’s even more confusing is the fact that, if the product does have such a minimal THC amount, then no one should fail a drug test, under a reasonable amount. Clearly, there is a bad miscommunication between the consumer and producer.