A recent class action lawsuit filed in the United States District Court for the Northern District of Illinois has put a spotlight on a controversial issue surrounding vape products. On November 19, 2024, plaintiffs Josue Hernandez and Sergio Hernandez filed a complaint against Lifted Liquids, Inc., an Illinois corporation, alleging deceptive practices related to their delta-8 and delta-10 THC vape products.
The plaintiffs accuse Lifted Liquids of misleading consumers by labeling their products as containing less than 0.3% delta-9 THC, which is the legal limit for hemp-derived products under federal law. However, independent laboratory tests revealed that these products contain significantly higher levels of delta-9 THC, classifying them as marijuana under federal law and making them illegal in many states. The plaintiffs argue that this misrepresentation poses serious risks to consumers who rely on accurate labeling for health, safety, and legal compliance reasons.
According to the complaint, the deceptive labeling could lead to severe consequences for consumers, such as failing drug tests required by employers or legal authorities. This could result in job loss, revocation of professional licenses, or even criminal charges in states where marijuana remains illegal. The plaintiffs assert that Lifted Liquids' actions not only endanger consumer safety but also threaten their economic security and personal freedom.
The lawsuit seeks various forms of relief from the court. The plaintiffs are requesting damages for themselves and other affected consumers across the nation. They also seek restitution and disgorgement of profits obtained through what they allege are unlawful business practices by Lifted Liquids. Additionally, they are asking for injunctive relief to prevent further deceptive marketing and labeling by the defendant.
Representing the plaintiffs are attorneys Joel D. Smith and Yeremey O. Krivoshey from Smith Krivoshey PLLC. The case has been assigned Case No. 1:24-cv-11920 in front of judges from the Northern District of Illinois.