Diamond CBD Consumer Deception Suit Withstands Dismissal

Diamond CBD Inc. and others got claims trimmed in a Florida woman’s suit alleging they overstated the amount of cannabidiol in oil and gummies, but a federal court in Florida refused to put the proposed class suit on hold to await federal regulation.

New Food and Drug Administration regulations are unlikely to affect this case, the U.S. District Court for the Southern District of Florida said.

The issue of primary jurisdiction, whether a court must dismiss or stay a suit because of pending regulatory activity, is taking on some prominence in consumer litigation involving CBD-containing products.

Kathryn Potter alleged she ...