B. Flores is careful to avoid eating foods with additives, and he approaches his recreational marijuana the same way. He asks sellers about the cultivation practices behind their product and whether their marijuana concentrates are made with water, butane, or carbon dioxide.
In April 2015, Flores was shocked when he heard that LivWell, one of the largest marijuana chains in Colorado, was spraying its plants with Eagle 20, a petroleum-based fungicide that's commonly used on fruit trees and hops, but not on tobacco, since Eagle 20 releases hydrogen cyanide – a toxic gas, when burned.
When Flores heard about the fungicide, a pesticide that kills fungi, he threw out the rest of his product and warned friends not to buy from LivWell. Flores didn't ask to put cyanide into his body.
Plaintiffs File a Class Action Lawsuit
Flores and a medical marijuana patient in Colorado are the primary plaintiffs in a class-action lawsuit filed in Denver District Court demanding that LivWell cease using Eagle 20; they are seeking compensation over its use of the pesticide.
The suit is the first of its kind against the U.S. marijuana industry, though it won't be the last. The attorneys behind the case expect that similar suits are on the horizon.
The attorneys argue that companies can't put dangerous chemicals into consumers' hands and lead them to believe it's safe for consumption.
Since it's too soon to see the health effects of fungicide-laced marijuana, the class action lawsuit isn't making a claim about personal injuries, instead it's about breach of contract, arguing that the goods fail to meet the consumer's reasonable expectations. But personal injury cases may be forthcoming.
According to S. Kamin, a marijuana law professor at the University of Denver, tort claims of this nature are bound to happen. Ultimately, the goal to ensure that dangerous products aren't being sold on the market, especially ones that aren't safe for inhalation.
If you were injured by a dangerous product, contact a personal injury attorney today!