Prop 65 Claims Alleged in New Marijuana Dispensary Lawsuits

Marijuana dispensary lawsuits are the latest wave of Proposition 65 actions. Proposition 65 is a California law that requires producers of goods to affix a label if their product contains dangerous chemicals known to the state of California to cause reproductive or cancer-related harm.

Marijuana Dispensary Lawsuits Filed Due to Prop 65 Violations

Any person who believes that a company selling marijuana is in violation of Prop 65 is eligible to send a notice prior to filing marijuana dispensary lawsuits. Prop 65 outlines the rules under which a consumer or government entity discovering a violation may pursue a response.

A new plaintiff has begun a series of marijuana dispensary lawsuits, alleging that the businesses failed to properly comply with the law and never warned consumers about the dangers of exposure to marijuana smoke.

Any product with dangerous chemicals inside that is sold to consumers in California must include an appropriate notice. When the company fails to do this, consumers can take action. Fines may also apply for non-compliance with Prop 65.

Across December of 2017, more than six California dispensaries were ultimately sued by a plaintiff in Alameda County Superior Court marijuana dispensary lawsuits. All of these marijuana dispensary lawsuits allege that violations of Proposition 65.

This isn’t the first set of legal cases designed to encourage compliance across dispensaries doing business in California.

Another plaintiff initiated marijuana dispensary lawsuits in October of 2017 that involved more than 1,000 separate dispensaries. He issued nearly 700 notices of violations in the Spring against other dispensaries.

If the businesses who received a Prop 65 notice do not comply, marijuana dispensary lawsuits may be initiated against them. Additionally, violations of Propositions 65 in California may lead to civil penalties of as high as $2,500 for each violation, reasonable attorney’s fees accrued by the plaintiff’s council and the pursuit of the matter.

Marijuana dispensaries, retailers of marijuana edibles and paraphernalia, and manufacturers of the same have certain responsibilities under Proposition 65 and must proceed with appropriate compliance measures under the law. Marijuana dispensary lawsuits are expected to continue in the coming months as more plaintiffs come forward and attempt to hold companies accountable for violations of Proposition 65.

Consumers need to be able to make informed decisions about their purchases and often do so using the labels affixed to products that do contain dangerous materials. Proposition 65 includes a list that is updated on at least an annual basis to include new chemicals and toxins that may cause reproductive or cancer-related harm to consumers.

Any business that has ten or more employees must provide reasonable and clear warnings to California consumers before intentionally or knowingly harming them to any of the agents on the list that currently includes more than 900 chemicals.

If you believe you have grounds to initiate a marijuana dispensary lawsuit, you should consult with the experienced attorneys at Bradley/Grombacher today- you can fill out the form on this page to get more information.