CBD Lawsuit Investigation: Are CBD Products Being Labeled Properly?
Several class action lawsuits have been filed alleging that certain products do not contain as much CBD as their labels claim. Attorneys working with ClassAction.org are looking into whether additional CBD product manufacturers can be sued.
If you bought one of the below products, click this link to learn more.
- Garden of Life Softgels
- Charlotte’s Web Hemp Oil Extract
- Barlean’s CBD Oil
- Curaleaf Tincture
- CV Sciences +CBD Oil Drops
If you bought one of these products, click this link and fill out the form on that page. You may be eligible to help get a class action lawsuit started to help you and other consumers get their money back.
What Started This Investigation?
Several lawsuits have been filed alleging that certain CBD products contain only a fraction of the amount of CBD being advertised on the label. In fact, in one suit against Just Brands USA, the plaintiff claims some of the company’s CBD products contain no CBD at all.
Attorneys working with ClassAction.org found that the practice of overstating the amount of CBD in supplements, creams and oils is not uncommon – and may not be limited to one manufacturer. Even the FDA has issued many warning letters demonstrating that its own tests found that some products did not contain the amount of CBD they claimed to contain.
A 1974 study, infamously known as “The Virginia Study,” was funded by the National Institutes of Health (NIH) to reportedly, investigate the dangers of cannabis use. Instead, researchers saw cannabis shrink the cancerous tumors of rat subjects. What happened next?
Cannabis killed cancer cells in a petri dish.
Cannabis killed many sorts of cancer within the rodent study model.
But, did it kill cancer cells in humans? Science doesn't have that answer largely because of prohibition that followed.
To understand the issue, we need to first understand that the CB1 receptors of rodents are over 95% similar to that of humans.
NOTE: We are not attempting to make medical claims, we are sharing a story about a medical study.
One of the first documented studies of cannabis’s anti-tumoral effects that we could find was in the early 1970s at the Medical College of Virginia.
"Lewis lung adenocarcinoma growth was retarded" and further went on to state "administered daily for 10 days significantly inhibited Friend leukemia virus-induced splenomegaly by 71%".
This rat study was largely buried until a decade or so later, when activists and scientists rediscovered the study.
It’s become a thing of legend within the cannabis community.
How can this be true? Did the federal government truly conspire to hide this information from the public, or is this just another myth, among many myths, perpetuated by otherwise well-meaning weed advocates?
The Virginia study took place in 1974; the results were published in 1975. This date is roughly three or four years after the U.S. government placed cannabis into Schedule I.
Schedule 1 (CLASS I) drugs are illegal because they have high abuse potential, no medical use, and severe safety concerns.
The Virginia researchers worked with tumor-implanted mice. They found that delta-8-THC, delta-9-THC, and CBN reduce tumor size and extended the lifespans of the mice.
As most cannabis-centered studies are, this was funded by the Federal Agency known as the National Institutes of Health (NIH). Normally, with these kinds of positive results you would think that there would be motivation for further research. Instead, the NIH supposedly terminated the project.
In 1980, The Washington Post published an article with the headline "Cancer Victims to Get Marijuana Ingredient". It further discusses Pharmaceutical Industry involvement with a THC cancer treatment (that research would later lead to the development of dronabinol a.k.a. Marinol).
In 1985, Jack Herer published the book The Emperor Wears No Clothes. He discusses information about the Cannabis plant and its numerous uses, including as hemp and as a drug. Although some of the research was questionable and largely disputed, a $100,000 bounty was issued to anyone who can disprove the claims that was never collected.
Attempts to track down the actual researchers behind the Virginia study did not pan out. Unfortunately, they've all retired and moved on or passed on, as the study took place nearly half a century ago.
Employees from that era at the National Institutes of Health have also been impossible to locate.
This may be one chapter of cannabis history that is lost to us.
What we do know is that as of February 2018, the federal government has continued to be quite stubborn about cannabis research that could prove beneficial to us.
Things may be changing as NIDA and the DEA claim they’re lightening up about cannabis research. Both agencies are even allowing the import of Canadian Marijuana for research purposes.
The United States FDA recently approved a Pharmaceutical Industry Giant, GW Pharmaceuticals and their CBD based drug derived from cannabis, for use in seizure patients called "Epidiolex".
In December 2018, the Farm Bill passed that removed Hemp as a controlled substance.
In short, we’ve come a long way since 1974. But we still have a long way to go, too.
Do your own due diligence and research regarding your health and choices.
In the first part of our consumer education series, we unpacked the reasons behind reports of zero CBD benefits from the "hemp oil" market which we covered here
In this issue, we will cover the multitude of compounds needed in a true CBD oil for optimum health benefits and results, beyond just CBD isolates.
In a nutshell: It takes a lot more than just CBD isolate.
Many brands on the market have simply purchased "CBD Isolate" in bulk, followed by mixing and bottling at their facilities.
However, CBD isolate alone is missing about 220 compounds that are required for actual results.
The three main components of properly extracted CBD that are required for actual benefits are Cannabinoids, Terpenes, Flavonoids.
Along with other missing ingredients from CBD Isolate, there are two key elements that are essential: approximately 20 Favonoids and up to 200 Terpenes. These are critical compounds needed for actual results and healing.
CBD Isolate alone does not have the 220 compounds essential in optimizing your health.
Lets go into these a bit.
Flavonoids are important because they have beneficial effects such as anti-inflammatory, antioxidant, anti-fungal, anti-bacterial, anti-cancer, and anti-allergic activity.
There are about 20 Flavonoids when the flower is properly extracted.
Here are a few Flavonoids and their properties:
Cannaflavin A - strong anti-inflammatory.
Quercetin - anti-oxidant, anti-viral, and anti-cancer agent.
Apigenin - anti-anxiety and anti-inflammatory.
If you're into science and biology you may have heard of these before.
Quercetin is also commonly found in green tea, red wine, and berries.
Apigenin is also commonly found in parsley, celery, and chamomile tea.
Terpenes are important because they work synergistically with primary and naturally occurring phytocannabinoids in hemp and cannabis plants. Terpenes are critical because they have their own unique therapeutic benefits.
There are about 200 unique Terpenes in hemp and cannabis.
Here are a few Terpenes and their properties:
Limonene - anti-bacterial, anti-depressant, and anti-anxiety effects.
B-caryophyllene - anti-inflammatory, pain-relieving, and anti-fungal.
Linalool - relieves pain and anxiety.
B-myrcene - anti-inflammatory, muscle relaxing, and sedating.
If you're into science and biology you may have heard of these before. If you're into homeopathic remedies, you have definitely heard of these.
Limonene is commonly found in citrus rinds, caraway seeds, and rosemary. Limonene provides a slightly spicy and citrus aroma.
B-caryophyllene is commonly found in black pepper, cloves, and hops. B-caryophyllene has a slightly woody, spicy aroma.
Linalool is a precursor ingredient the formation of vitamin E! Its also commonly found in lavender, birch, and rosewood. Linalool’s fragrance is slightly floral, citrusy, and spicy.
B-myrcene is also found in mangos, hops, and lemongrass. Its fragrance is somewhat earthy and fruity.
Hopefully, by this point we have demonstrated the healing properties of these compounds and why they are required. Without these compounds, you are really not getting the maximum benefit from CBD as it is intended.
There are many different varieties of hemp and cannabis plants and each variety has different concentrations of Terpenes. The Terpenes are what give cannabis varieties their characteristics – this is why Terpenes are called the “fingerprints of the cannabis plant.”
In summary, Terpenes are genetic, and genetics won’t lie when it comes to identification. Think of it the same way as you would a pregnancy test or DNA sample.
Final important item to consider about CBD Isolate alone.
There is little accountability in terms of pesticide levels and mold content.
A lot of these companies grow the wild "male" hemp plant outdoors and in other uncontrolled environments.
DNA Hemp Company hemp is grown domestically (right here in the USA), in an indoor and controlled environment. We grow solely for the purpose of the highest purity "female" flower. Given our (DNAHC) growing practices, along with our extraction process and other manufacturing steps, it's clear to see and experience why our product is superior to items such as industrial hemp (domestic and overseas sources) where CBD is just a “by product” of a wild male hemp plant.
Domestic CBD growers on farms in Colorado and Kentucky use the whole plant to make CBD oil, including the flower. Overseas hemp producers often only use the stalk and the seeds of the plant. This is due to the law and importation restrictions. But that does not change the fact that the highest concentration of Terpenes and therapeutic components of cannabis are in the flower of the hemp plant.
Female Hemp Flowers used in DNA Hemp Company products are the ideal extraction source for the richest and highest quality CBD that contains all three compounds we spoke of - Cannabinoids, Terpenes and Flavonoids, thus giving you the full spectrum and benefits of all 220 compounds that are required for actual results and optimum health.
Why do some people report zero benefits from taking CBD oils?
Did you know true CBD is not legal to sell on Amazon, eBay and similar platforms?
Are you aware of the many nuances of the "CBD" marketplace?
Let us help explain:
CBD products purchased from Ebay, Amazon and similar online platforms have been found to contain NO CBD's, or lack an acceptable and beneficial dosage of CBD. Incredibly, they are said to be found inconsistent with containing any actual CBD!
This is why people who have purchased CBD products from Amazon, eBay, etc have reported ZERO results.
We get it, we shop at Amazon too! Its a great place to get all kinds of things and quickly.
Lets take a look at some recent findings which also explains why we are so passionate about this subject.
In November 2017, researchers bought 84 CBD products online and tested their contents.
Here is what they found:• Only about a third of the 84 products tested contained the same amount of CBD stated on the labels.• Over 40 percent of the products tested had less CBD than advertised.• 26 percent had more CBD than what their labels stated.• One in five products had enough THC to cause a possible failed drug test for pot use.
This is all according to this research letter published November, 2017 in the Journal of the American Medical Association.
And a more recent finding by the California Department of Pesticide Regulation found CBD products contaminated with Pesticides!
Thats a big problem!
Look at these FDA issued Warning Letters and Test Results for Cannabidiol Related Products dating back to 2015.
What? Test results from CBD products with ZERO CBD (cannabinoids)?
If all of this makes your head spin, here is why the "CBD" on Amazon, eBay thing may make you really mad.
Amazon avoids anything controversial that will tarnish their brand reputation and has a prohibited items list specifically prohibiting CBD from being sold on the platform. As such, be very wary of any CBD products that you see there that are breaking the rules.
And guess what some of these sellers are doing to "get around" this limitation?
They are selling just the oil from hemp and NOT the extracted CBD, and certainly not the 220 compounds from Cannabinoids, Terpenes, and Flavonoids that are a must for results. Read more about those here.
In addition, that hemp oil only product is certainly not created using expensive critical fluid extraction processes that are required to extract CBD and its healing compounds from the Hemp Flower.
Just the oil from hemp is like running cold water over coffee berries, drinking this water and expecting results from caffeine.
This will not work because coffee berries have to first be processed into coffee beans. Then, these coffee beans have to then be processed into coffee. Then, the coffee itself has to be brewed to create a chemical reaction at a certain temperature. And thats how you get a good cup of coffee!
(photo: fresh coffee berries in their "pre-bean", "pre-coffee" state)
Coffee berries have to be processed several ways to make the cup of "coffee" we all know and love.
Similarly, just the oil from Hemp can have some cbd (read the test results above to see what we mean by "some"), but when you actually go through the proper process of extraction from hemp, it results in cannabinoids, terpenes, flavinoids and more. So clearly, CBD is only one compound that is required for actual results.
It's also known that some companies are simply relabeling their products so they can get on Amazon - but the point still stands - none are supposed to be there. And if sellers are going through this much trouble to mislead Amazon and defraud you, then who knows what is actually in the bottles?
We can't wait for the day that this isn't an issue anymore. Amazon, eBay, the FDA and more are trying to stop this, but there is just no way that they can catch every single bad actor out there.
We choose to spend our resources on research and development and not figuring out how to get around "the system" to mislead people and commit fraud.
On the opposite side of the spectrum, the FDA has approved only one CBD product containing the non-psychoactive cannabinoid CBD (cannabidiol) with the required compounds. Its an oral solution called Epidiolex and will cost you $32,500 annually.
Although we can not legally make health care claims, one might say that our product compared to theirs via High-Performance Liquid Chromatography will reveal very similar contents at a fraction of the price. (High-performance liquid chromatography is a technique in analytical chemistry used to separate, identify, and quantify each component in a mixture.)
To keep it simple, not all CBD products are created equal.
That "CBD-infused" bottle of water that you just bought from your local health food store? It might not have any CBD in it at all!
Most Medical Schools Don’t Cover the Endocannabinoid System, They All Should
The endocannabinoid system is the second largest neurotransmitting system in the body, so why aren’t medical schools teaching it?
In 2013, Cardiologist Dr. David Allen did a preliminary survey to determine which schools teach the Endocannabinoid System (ECS) and found that only thirteen (13) percent of U.S. medical schools even mentioned it.
We’re talking about a neurotransmitter system that was discovered in the late 1980s, almost 40 years ago. We know that it is critical for homeostasis, yet few medical schools have agreed that there is even a need to educate medical students about it.
If a physician is unaware of the ECS, how will doctors ever understand how and why hemp and cannabis can treat migraines, seizure disorder, Crohn’s Disease, arthritis, and the myriad of other conditions it has been shown to treat?
Some major entities have gone out of their way to discourage the discussion of even the neuroanatomy and neurophysiology of the ECS.
Strangely, others have been active in efforts to falsely debunk the medical utility of cannabis and cannabinoids - even though the United States Department of Health and Human Services has a patent on the popular cannabinoid Cannabidiol (CBD).
Instead of opinions that shield corrupt financial gain, we need to allow proven science to dictate policy.
While we highly recommend that you consult with your physician before starting any type of CBD's and the like, you should also be prepared to offer educated thoughts on the subject with them.
At the end of the day, we are talking about your own health and wellness.