Brands & Products

CA’s Largest Cannabis Brand Faces Class-Action Suit Over Label Claims

A recent class-action complaint filed in San Francisco County Superior Court alleges that Raw Garden™ products packaged as “refined Live Resin vape pens” do not contain Live Resin. Instead they are allegedly made with distillate and reintroduced terpenes.

As the cannabis market matures, we see more lawsuits based on fraud, including claims made on packaging and marketing materials. A recent class-action complaint filed in San Francisco County Superior Court alleges that Raw Garden™ products packaged as “refined Live Resin vape pens” do not contain Live Resin. Instead they are allegedly made with distillate and reintroduced terpenes. 

We’ll have to wait and see what happens with this complaint. It is important to watch as many industry terms have been loosely defined while others are well known and settled. When packaging your cannabis product, it’s crucial that you accurately describe your product. Adding a disclaimer like “refined” is tricky. Your packaging may still be considered misleading.

Quotes from the complaint are posted in italics.

The Complaint

Raw Garden, a DBA for Central Coast Agriculture LLC, has well-loved cannabis vape pens and a strong following. The following included the plaintiff in the complaint. The plaintiff claims that he purchased the Raw Garden vape cartridge and paid a premium price for the products because he believed them to contain Live Resin. The complaint states the plaintiff would not have purchased the product if he knew it was made with distillates and reintroduced terpenes.

The complaint alleges that Raw Garden creates the vape pen cartridges by making Live Resin, distilling it, and adding terpenes back into this distillate. The company then packages and sells the resulting liquid as a “refined” Live Resin vape cartridge according to the complaint. The complaint continues to allege that the liquid used in Raw Garden’s “Live Resin” cartridge is not Live Resin because it has been distilled and despite the re-addition of terpenes, it does not contain all the organic compounds that are in a true Live Resin.

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