FORT LAUDERDALE, Fla. (Legal Newsline) – A New York man alleges the makers of a CBD oil brand overstate the amount of CBD in their products.
Jesse S. Gaddis, individually and on behalf of all others similarly situated, filed a complaint on Aug. 16 in the U.S. District Court for the Southern District of Florida against Just Brands USA Inc., Just Brands FL LLC and SSGI Financial Services Inc., alleging breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment, fraud and other counts.
The plaintiff alleges in November 2018, he purchased JustCBD Liquid Honey Tincture and Rainbow Ribbons Gummies. He alleges the Liquid Honey Tincture is advertised as containing 100 milligrams of CBD, but independent testing determined the product only contains 48.92 milligrams. He also alleges some of the defendants' products contain a non-detectable quantity of CBD when they are advertised as containing the ingredient.
"By misrepresenting the true quantity of CBD in their CBD products, defendants are able to charge a substantial price premium on account of these fictitious CBD quantity claims," the suit states.
The plaintiff is seeking a trial by jury, attorneys' fees and just enrichment, all amounts awarded and just relief. The plaintiff is represented by Scott A. Bursor of Bursor & Fisher P.A. in Miami and Neal J. Deckant and Frederick J. Klorczyk III of Bursor & Fisher P.A. in Walnut Creek, California.
U.S. District Court for the Southern District of Florida case number 0:19-CV-62067