Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit

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Namely, that they paid a “price premium” for the JustCBD products based on defendants’ express representations about the CBD content of the products. On November 18, the defendants filed a joint motion to dismiss the complaint for failure to state a claim. The plaintiff seeks to represent a class of persons defined as all persons in the United States who purchased JustCBD products that contains specific representations about the amount of CBD in the product. But Gaddis purports to bring claims on behalf of a class claiming that every product sold by JustCBD (roughly 50 different products) is mislabeled. The complaint must set forth facts supporting a plausible claim for relief and not merely a possible claim for relief.

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A couple of months ago I wrote a “Hemp/CBD litigation forecast.” (See here.) One topic of that post was the rise in class actions against Hemp-CBD companies and I noted the consumer class action complaint filed against JustCBD in the Southern District of Florida, Case No. 0:19-cv-62067-RS. The gravamen of the complaint is that JustCBD overstated the quantity of CBD contained in its products on numerous occasions and in violation of representations and warranties it made in connection with selling its products. The plaintiff seeks to represent...

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