In a class-action accusing CV Sciences of mislabeling its cannabidiol (CBD) products, Judge Virginia A. Phillips of the Central District of California denied a request to lift a stay that was placed on the case in May. The court’s minute order, filed late last week, explained that until the U.S. Food and Drug Administration (FDA) completes its rulemaking concerning the marketing and labeling of edible CBD products, the case will remain paused.
The plaintiff’s December 2019 complaint contended that the range of CBD products CV Sciences produces “are illegal to sell,” and contravene the Federal Food, Drug, and Cosmetic Act (FDCA) in two ways. First, the plaintiff argued, the defendant’s products “are mislabeled as Dietary Supplements or contain the illegal dietary ingredient CBD,” and second, CV Sciences’ CBD spray is meant for sublingual use and, thus, “does not meet the definition of a dietary supplement.”
In May, the court issued an order largely denying the defendant’s motion to dismiss, but granting a stay pending the aforementioned FDA rulemaking, as covered by Law Street Media. In a November-filed joint status report, the plaintiff requested that the court lift the stay; CV Sciences countered that restarting the litigation was premature.
In its minute order, the court explained that the plaintiff had no basis for arguing that the FDA was neither going to legalize CBD consumer products, nor do so retroactively. The court concludes that the plaintiff’s allegations lacked evidentiary foundation and were ultimately “speculative and unavailing” in deciding to leave the suit on hold for now.
The plaintiff is represented by Kohn, Swift & Graf, P.C., and the defendant by Procopio Cory Hargreaves and Savitch.
