Raw Garden Infused Joint THC Potency Inflated, Plaintiffs Say

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January 6, 2023

by Brian Eckert

Defendant Raw Garden made false and misleading statements about the THC content of certain pre-roll joint products, resulting in customers overpaying for them, claims a lawsuit filed by Milberg class action attorneys in California Superior Court.

California residents who purchased Raw Garden Infused Joints may be automatically eligible to join this lawsuit and recover monetary damages. You do not have to hire a lawyer or pay out-of-pocket legal fees. Milberg attorneys are representing the class on a contingency-fee basis. Our firm pioneered federal class action litigation and is a national leader in consumer class actions.

Report: THC Inflation Rampant in California’s Cannabis Market

Tetrahydrocannabinol (“THC”) is a natural compound found in cannabis plants. It is the main psychoactive chemical in marijuana, responsible for the “high” that users experience when consuming cannabis.

Lab shopping appears to be rampant in California’s highly-competitive legal cannabis market.

California became the first U.S. state to legalize medical marijuana in 1996. This started a trend that has since spread to most states. In 2012, Colorado and Washington were the first states to legalize cannabis for recreational use. California followed suit in 2016. At the end of 2022, recreational cannabis was legal in 21 states and 37 states had medical marijuana programs. California’s legal cannabis market is estimated to be the largest in the world.

According to WeedWeek, an online national newsletter for cannabis professionals, retailers consider THC potency and price the key differentiators that impact sales. Because retailers favor marijuana products with the greatest THC potency, brands are incentivized to “lab shop” for testing labs that will give their products the highest THC levels, WeedWeek explains.

Testing Reveals Lower Than Advertised THC Potency in Raw Garden Pre-Rolls

Published data from independent testing labs has found widespread THC potency inflation among regulated California cannabis products. As a follow up, WeedWeek submitted several brands of pre-roll products for testing. One of these products was Raw Garden Infused Joints.

Defendant advertises its THC Products as high quality and misleads consumers into believing that the amount of THC advertised on Raw Garden Infused Joints are actually the amount within its Products. By doing so, Defendant benefits from the ability to charge a substantial price premium for its THC Products based on the false THC quantity.

Raw Garden markets their Infused Joints as “100% Pure cannabis joints infused with micronized Refined Live Resin™ Crushed Diamonds,” with an average THC range between 30% – 35%. Raw Garden sells several types of pre-roll products containing different marijuana strains. Product packaging indicates the specific THC content in both milligrams and percentages.

The tested Raw Garden Infused Joints had a listed THC potency of 44%, but testing revealed THC potency of 25% – 31%. That amounts to 48% – 76% implied THC inflation, or roughly half the promised THC potency. A 3-pack of the product retailed for $14 at the time testing was conducted.

Plaintiffs and Proposed Class

Representing the class in this lawsuit are two lead plaintiffs alleging similar experiences. Each plaintiff purchased Raw Garden Infused Joints in 2022, and each based their purchasing decision in part on the products’ stated THC content.

The plaintiffs say they would consider buying Raw Garden Infused Joints in the future if the advertised THC amounts were accurate. But based on the false and misleading THC quantities of the purchased products, the plaintiffs were misled into paying a premium for them, and would not have bought them on the same terms had they known about the misrepresentations, states the lawsuit.

They seek to establish a consumer class consisting of:

All persons in the State of California who purchased Raw Garden Infused Joints for personal use and not for resale within the State of California, during the fullest period allowed by law.

Milberg’s class action lawsuit cites violations of California’s Consumers Legal Remedies Act, California’s Unfair Competition Law, and California’s False Advertising Law, in addition to breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment, and fraud claims. The lawsuit was filed on November 21, 2022 in Superior Court of the State of California, County of Santa Clara.

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