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Class action alleges Elixinol CBD products are mislabeled as dietary supplements

Federal Court

By Marian Johns | Dec 18, 2019

Cbdoil

SAN FRANCISCO (Legal Newsline) – The maker of several CBD products is facing a suit from a California woman who alleges its products are mislabeled as dietary supplements or illegally contain CBD. 

Michele McCarthy, individually and on behalf of all others similarly situated, filed a complaint Dec. 4 in the U.S. District Court for the Northern District of California against Elixinol LLC alleging violation of California's Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act, breach of express warranties and breach of implied warranty of merchantability.

McCarthy alleges in her suit that Elixinol's CBD capsules, CBD tinctures, liposomes, Respira tinctures and X-Pen products "are mislabeled as dietary supplements or contain the illegal dietary ingredient CBD." The plaintiff cites Food and Drug Administration rules that prohibit labeling CBD as a dietary ingredient or used in a dietary supplement.

McCarthy also claims the products are misbranded because they fail to list "adequate" directions for use. 

McCarthy seeks damages, a trial by jury and all other just and appropriate relief. She is represented by Jonathan Shub of Kohn, Swift & Graf PC in Philadelphia.

U.S. District Court for the Northern District of California case number 5:19-CV-07948

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U.S. District Court for the Northern District of California

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