Class Action Lawsuit Filed Against Xzibit-Owned Vape Cartridge Company in California

A class action lawsuit against vape cartridge manufacturer Brass Knuckles has been filed in California which alleges breach of warranty, false advertising, unfair competition, misbranding, and adulteration of the THC concentrate pens, according to the Cannabis Law Report. The lawsuit also names SC Laboratories Inc. and company owner Alvin Nathaniel Jones, better known as Xzibit, as defendants.

The complaint alleges that the products are not as potent as they claim and contain high levels of pesticides.

“Defendants prominently advertise and label the Products as being ‘Lab Tested, Contaminant Free’ … when in fact they are contaminated by harmful pesticides. Defendants also prominently advertise and label the Products as being the ‘Most Potent THC Cartridge Available.’ However, the THC content of the Products is actually substantially lower than that of many competing vape cartridges. Defendants are able to charge substantially more for the Products than they would otherwise if consumers knew that the Products were contaminated with pesticides and not as potent as promised.” – Complaint text, via Cannabis Law Report

The plaintiff retained Steep Hill to test two Brass Knuckles vape pen products. The tests revealed amounts of the pesticides bifenazate, etoxazole, myclobutanil, trifloxystrobin, permethrin, bifenthrin, and carbaryl that exceed the “action level” for pesticides in California. The test also found that the products contained between 59 percent and 77.3 percent THC, while other products contained between 86 percent and 95 percent THC – rebuking the claim that Brass Knuckles is not the “most potent THC cartridge available” as claimed.

The lawsuit seeks compensatory damages, injunctive relief, disgorgement of profits, restitution, attorney’s fees and costs, and punitive damages. According to the Law Report, the case is not the first but is the highest profile class-action suit to be filed against a legal canna-business.

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