A class-action lawsuit over packaging mislabeling filed in a Calgary court is taking aim at some of the Canadian cannabis market’s biggest names. Tilray, Aurora Cannabis, Aleafia Health, Hexo Corp., Cronos Group, Organigram Holdings, MediPharm Labs Corp. and their various subsidiaries and brands are all named as defendants in the documents filed in the Court of the Queen’s Bench of Alberta.
In the statement of claim dated June 16, 2020, the plaintiff, Lisa Marie Langevin from Calgary, Alberta, claims that the named companies sold cannabis products to consumers and patients “with THC or CBD content levels that were drastically different from the amount advertised on the label.”
Health Canada regulations allow for a 15% variance in cannabinoid content from what producers list on product labels. In other words, a product’s actual potency is required to be within 85%-115% of what is listed on the label. In the claim, Langevin’s attorney states that independent lab verification of the defendants’ products should potency ranging from 52% to 119% of what was advertised.
(As of press time, Organigram declined to comment, citing a policy of not speaking on current legal proceedings, and the other named defendants did not reply to a request for comment.)
In the filing, Langevin claims to have bought a 30ml bottle of cannabis tincture produced by a Tilray subsidiary on Feb. 13, 2020. The product was labeled as containing 10.4 milligrams of THC per milliliter (10.4mg/ml) and included its packaging date (Feb. 3, 2019), but did not include an expiration date. After following the recommended dosage from the budtender to avoid “greening out,” Langevin claimed to have felt no psychotropic effects. After increasing the dosage slightly on five more occasions to no avail, Langevin allegedly asked a friend, Dr. Darren Clark, a PhD in neuroscience who was familiar with