Law360 (January 9, 2020, 6:55 PM EST) — A Florida CBD retailer again asked a federal court to toss a proposed class action claiming its products overstate their cannabidiol content, arguing the case is a „sleight of hand” that can’t overcome „safe harbor” protections afforded by federal labeling laws.
Diamond CBD Inc. told the court in a motion to dismiss Wednesday that the breach of express warranty claim tacked on to plaintiff Kathryn Potter’s amended complaint carries the same fatal flaws as the rest of her case, offering no evidence to support allegations that she bought gummies from the company and found their potency lacking.
„There is no evidence…
