California to Require Warning Labels on THC and CBD Products
In response to the growing body of scientific evidence linking marijuana use with birth defects and some cancers, the State of California will require warning labels to be placed on all products containing THC, the active component of marijuana and other products derived from plants of the Cannabis family.
As of January 3rd 2021 all products containing any amount of THC will be subject to California’s “Proposition 65” requirement that such products carry a warning label stating that THC is considered by the State of California to be one of the 900+ chemicals that may cause “… cancer, birth defects or other reproductive harm.” Specifically, products such as CBD oil or CBD for use as a “dietary supplement” that are manufactured from hemp and contain less that 0.3% THC by weight are included in the new Proposition 65 labeling requirement.
As mentioned above and in a previous post on this blog, there is a growing body of hard scientific evidence linking use of cannabis products with a variety of serious birth defects. Despite this evidence, California is only now requiring warning labels to be placed on such products. But what about women who were sold a product without a warning label who, under the impression that the product was safe to use, later gave birth to a child with a serious birth defect?
Under California’s Civil Procedure Code, a person who suffers an injury by using a THC/CBD-containing product has a window of two years in which to file a personal injury lawsuit. This window “opens” on either the date the injury occurred or, more commonly, the date the cause of the injury became known to the injured party. As an example, consider the following hypothetical case.
A woman who purchased marijuana from a state-licensed dispensary to “self-medicate” morning sickness of pregnancy gives birth to a child with spina bifida, a serious birth defect of the spine that will require a lifetime of special medical care. Years later, she later learns that THC use in early pregnancy is associated with a three-times increased incidence of spina bifida when compared with the general population. The woman would have two years from the date she became aware of the link between THC and spina bifida to file a civil lawsuit against whomever she felt responsible for selling her a product that caused her child’s disability and a court would later decide if she and her child were entitled to receive damages and who would be responsible for paying those damages.
Since evidence linking THC/CBD products with birth defects is only just now forthcoming, lawsuits related to birth defects allegedly caused by THC/CBD have been rare. However, the medical marijuana injury lawyer at The Doan Law Firm expects that will change once the public learns of the dangers associated with THC/CBD use in early pregnancy.
If you used a THC/CBD product purchased from a licensed California marijuana dispensary and later gave birth to a child with a birth defect, we invite you to contact the medical marijuana lawyer at The Doan Law Firm to arrange a free review of the facts in your case and a discussion of the legal options that may be available to you.
When you contact our firm there is never a charge of any kind for our staff to review and analyze the facts in your case or for you to speak directly with our medical marijuana lawyer. Should you later decide that a lawsuit is in order, and that you would like for us to represent you in court, we are willing to assume full responsibility for all aspects of preparing your case for trial in exchange for a percentage of the final settlement we are prepared to win for you.