A labeling lawsuit accusing American Shaman CBD of falsely claiming its products were free of heavy metals has been dismissed from federal court – but the plaintiff plans to revive the lawsuit in Florida court.
U.S. District Judge William Dimitrouleas on Tuesday approved the plaintiff’s motion to dismiss the case against the Missouri-based manufacturer.
Daniel Desouza, Davis’ attorney, told Hemp Industry Daily the case would be refiled in Florida state court. He is seeking class-action status for the case.
“Rather than go through that exericse, we conferred that we’re going to refile the case in state court.”
Davis’s complaint, filed in early May, accused CBD American Shaman LLC of falsely advertising its CBD products as being free of heavy metals, insecticides and other contaminants.
Davis said he had purchased several CBD products in December and January and later sent several unopened products to ProVerde Laboratories, the lab used by CBD American Shaman, to verify claims that the products were free of heavy metals and insecticides.
The February test results allegedly indicated the presence of copper, nickel and lead, as well as yeast and mold.
In June, Florida’s top agriculture regulator warned federal health agencies that some CBD products being sold in Florida contained dangerous lead levels. She did not name any particular products.