Colorado-based CBD producer Elixinol got dismissal of a class-action lawsuit that alleged the company’s products were illegal to sell under federal law.
The lawsuit filed on December 2019 claimed that Elixinol’s CBD capsules, tinctures, and dog treats were barred for sale by the federal government.
Elixinol’s attorneys argued that the FDA’s position on CBD and CBD products remains “in a state of flux” by the agency’s own admission, and therefore not illegal.
The attorneys quoted statements FDA Commissioner Stephen Hahn made in March, saying the agency recognizes “the significant public interest in CBD and we must work together with stakeholders and industry to develop high-quality data to close the substantial knowledge gaps about the science, safety and quality of many of these products.”
The law firm that represented Elixinol, Frost Brown Todd, previously won another dismissal in a similar class-action lawsuit. The firm is representing other CBD companies in lawsuits alleging damages from product impurities and failed drug tests.