Growing Concerns: Marijuana Industry Hit with Its First Ever Product Liability Lawsuit

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The cannabis industry is taking a hit.  The nation’s first cannabis product liability lawsuit was filed in Colorado and challenges the cannabis industry’s production process.

Flores v. LivWell Inc., was filed by two marijuana users alleging that the fungicide Eagle 20 was intentionally applied to thousands of marijuana plants at a Denver facility. Plaintiffs Brandan Flores and Brandie Larrabee are seeking class-action status contending that LivWell Inc. (LivWell), one of the largest cannabis growers in the state of Colorado, sold marijuana sprayed with Eagle 20 to medical and recreational customers without adequately warning consumers of the risks associated with Eagle 20. Neither plaintiff alleges they were sickened from ingesting marijuana they purchased at LivWell.

Eagle 20 is a petroleum-based fungicide used to kill mites and pests that flock to plants. It also allegedly contains a chemical called Myclobutanil that, when heated, breaks down into hydrogen cyanide, a...

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