Harris Bricken: California Cannabis Company Hit With False Advertising Claims

We’ve anticipated this for a while, but a recent lawsuit indicates that certain marijuana company mislabeling antics are getting called out, regarding false advertising. One recent lawsuit heralds a potential new wave of litigation.

The lawsuit

The plaintiffs are two California consumers who sued a California marijuana company, DreamFields Brands, Inc. and Med for America for false advertising. Specifically, the Complaint states the plaintiffs purchase DreamFields’ “Jeeter” pre-rolled joints, which was advertised as one “that will get you to Mars quicker than Elon Musk.” The Complaint further goes on to indicate cannabis consumers generally prefer and are willing to pay more for high-THC cannabis products, so “declaring that [DreamFields’] products have a very high THC content allows Defendants to charge premium rates for their cannabis products.”

However, Plaintiffs allege that the product was mislabeled by indicating a higher THC content than it actually had in order to sell them at a higher price:

“Testing by independent labs reveals that the true THC content of Defendants’ products is materially less than the amount listed on the label. Moreover, the difference is far greater than the 10% margin of error that DCC regulations permit.”

Plaintiffs have alleged causes of action for unfair competition, false advertising, and negligent representation. They seek damages and restitution (essentially, reimbursement) for their losses.

Christin Cho, one of the lawyers representing Centeno and Wilson, told CNN that the plaintiffs claim DreamFields Brands is “overcharging consumers.” However, Jeeter’s statement to CNN wholly denies the allegations and states:

“We take pride in our compliance and commitment to state-mandated testing procedures, including independent, third-party testing. The product and our integrity (are) something we truly value as a company, and take all the proper and legal steps before our product hits the shelves.”

Reminder of the calculus

Stepping back, the Complaint is correct in indicating what the acceptable margin of error is prescribed by the DCC. For example, if the label states that a product is 30% THC, the product must have a THC content of 27%-33% THC. Anything below 27% is a violation of CA regulations and is considered to be mislabeled and runs the risk of a false advertising claim.

This is a good reminder to all those in the industry that regulatory bodies and consumers will continue to be watchdogs of these products (as they should). We’ll continue to monitor this highly contested case and report back on any developments.

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Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild