According to one hemp sector attorney, California’s hemp-based cannabinoid manufacturers are susceptible to lawsuits after a recent order pushing for health warning labels in all marijuana products sold within the state. The order took effect earlier this week.
The labels have a legal background going back to over 30 years.
According to Proposition 65, the state regulation approved in 1986, California need to:
- Outline chemicals that cause congenital disabilities or cancer
- Order for the inclusion of consumer warnings on commodity labels that have any listed chemicals
Since the state directive was implemented on Sunday, all products containing delta-9 THC or that create cannabis smoke must contain the Prop 65 warning label.
Lara DeCaro, San Francisco’s attorney who represents various cannabis businesses, states that the directive applies to all hemp producers, including those who make products with low THC levels.
DeCaro added that hemp-based CBD products will see many lawsuits since she thinks producers don’t know they must list THC as a reproductive chemical under Proposition 65.
Legal moguls stated that such an order is often enforced by private attorneys and plaintiffs, not federal regulators. The measure has evolved into a cottage sector in California, preying on marijuana manufacturers and some sellers.
During early December, Anne Ellis Marie (orange county lawyer) said in a webinar that the bounty hunters could start enforcing that mandate. She asserted that the state would see the same folks severally, represented by the same attorneys.
The warning labels may be available in two formats: a short form or a standard warning version.
The latter is wordier and more sophisticated, while the former is shorter and meant for smaller commodities with a smaller packaging space for wordy disclaimers.
Ellis stated that If the product lacks a warning on its packaging, then the disclaimer has to be put somewhere visible to patrons.