Growing Concerns Over Unsubstantiated Health Claims and Potency in the Cannabis Industry
A recent investigation by The New York Times has raised significant concerns regarding the unregulated promotion of high-potency cannabis products and unsubstantiated health claims by top cannabis brands. The investigation, which reviewed 20 leading companies, revealed that many brands have been making health claims, including treating conditions like cancer, depression, and glaucoma, without the requisite approval from the U.S. Food and Drug Administration (FDA). These claims may violate both federal and state regulations, putting consumers at risk.
As cannabis products grow in potency—some reaching as high as 99% THC—public health experts have expressed concern about the potential for adverse effects, including addiction, psychosis, and other mental health issues. Despite this, many states have been slow to impose stricter regulations, and cannabis companies have resisted additional oversight, citing concerns about consumer choice and market competition. The industry’s resistance has extended to lobbying efforts against tighter controls on potency and marketing, particularly regarding youth appeal and product labeling.
Legal action is already underway. In one case, a former Illinois prosecutor successfully sued a dispensary chain for making deceptive health claims under the state’s consumer fraud law, resulting in a settlement requiring the company to pay for a public health campaign. Additional lawsuits have been filed by individuals who allege harm caused by the excessive potency and unverified health benefits of cannabis products, including cases involving cannabis-induced psychosis.
The federal government has been slow to intervene, with the FDA focusing more on hemp-derived products than marijuana. However, regulatory gaps persist, and experts are urging for federal action to clarify and strengthen consumer protection in the cannabis industry. Legal experts warn that businesses may continue to push the boundaries of what is legally permissible in the absence of clear federal guidance.
If you or someone you know purchased cannabis products and believe you were misled by inaccurate THC labeling, contact us for a free consultation.
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If you or someone you know purchased cannabis products and believe you were misled by inaccurate THC labeling, you can contact the attorneys at Sauder Schelkopf by filling out the form on this page.