Pot grower violated implied warranty of merchantability by using unapproved pesticide, suit alleges
Colorado’s largest marijuana grower is facing a lawsuit filed by two medical marijuana users who allege the company used an unapproved pesticide on its plants.
The plaintiffs, Brandan Flores and Brandie Larrabee, claim LivWell Inc. used the pesticide Eagle 20, which breaks down to “poisonous hydrogen cyanide” when burned, report the Denver Post, the Los Angeles Times and International Business Times. Flores uses marijuana for back pain while Larrabee has a brain tumor.
The suit is the first product liability action against the marijuana industry, according to the Los Angeles Times. Flores and Larrabee didn’t suffer any known health problems from the pot, but they say the marijuana would have cost less if the pesticide use had been disclosed. The suit claims a violation of the implied warranty of merchantability.
LivWell says it no longer uses Eagle 20, and no consumer illnesses are linked to pot pesticides. Its owner says lab tests show its products are safe.
The city of Denver quarantined 60,000 of LivWell’s pot plants in April because of concerns about Eagle 20, but the city eventually released the plants after tests showed residue was within acceptable limits.
One of the lawyers representing the plaintiffs, Steven Woodrow, contends that the plants absorbed Eagle 20 even though there was little surface residue. “Our science shows that once this chemical is applied to the plant, it becomes part of the plant,” Woodrow told International Business Times.
