Plaintiffs from across the U.S. have filed a class action lawsuit in Chicago, accusing a Colorado-based maker of hemp-infused products of misrepresenting the amount of extract in the tubes of its creams.
The lead plaintiffs, from South Carolina, Oregon, Tennessee, Florida, and Illjnois filed suit against Colorado-based Charlotte's Web Holdings in Chicago federal court.
Plaintiffs Shaida Benson, Caitlin Campbell, Chelsey Didomenico, Amy Hucke, Craig Looney and Steven Pfister say they bought “Soothing Scent Hemp Infused Cream” or “Unscented Hemp Infused Cream.” The plaintiffs purchased the products believing they would relieve pain.
The suit, filed Jan. 17, alleges that the "defendant’s multiple and prominent systematic mislabeling of the Products form a pattern of unlawful and unfair business practices that harm the public."
The complaint alleges that independent testing "has revealed that, despite the Products’ representations they contain '750 MG Hemp Extract', in reality they contain considerably less."
"With knowledge of growing consumer demand for hemp extract products because of the claimed benefits from use, defendant has marketed the products both online and on the
product packaging as containing a certain amount of hemp extract and intentionally conceals that the products actually contain an amount of hemp extract significantly less than the amount claimed," the suit continues.
"Therefore, consumers seeking to alleviate their pain - often chronic pain - or seeking other alleged health benefits from defendant’s products end up purchasing products with negligent efficacy."
The company is accused of breach of warranty, unjust enrichment and of violations of various state consumer fraud acts.
The complaint argues that the court has jurisdiction because the company does business in Illinois and one of the lead plaintiffs resides in Illinois.
Plaintiffs are represented by attorney Gary M. Klinger, of Kozonis and Klinger, Chicago; and the law firms of Whitfield Bryson & Mason, in Washington, D.C., and Levin Sedran & Berman in Philadelphia.