California-based law firm Tauler Smith LLP announced that a class action lawsuit, concerning alleged misrepresentation of THC potency in marijuana products, has been dismissed by a California court. The court found the scientific evidence provided by the plaintiffs and their counsel, Bursor & Fisher, to be insufficient in supporting their claims.
The complaint was filed in November 2022 by Bursor & Fisher attorneys Neal Deckant, Frederick Klorczyk III, and Brittany Scott. They accused Central Coast Agriculture, Inc. of misleading consumers about the quantity of THC in their Raw Garden Infused Joints. The lawsuit claimed that the defendant had violated several laws, including California's False Advertising Law.
In a statement on its website, Tauler Smith LLP noted that the court found the plaintiffs unable to substantiate their claims that the THC quantity in Raw Garden products was lower than advertised. The Santa Clara Superior Court dismissed the entire complaint after determining that the lab results cited were inadequate. According to the court, researchers from WeedWeek who conducted these tests failed to account for several variables and did not provide evidence supporting the plaintiffs' claims. Tauler Smith further reported that these researchers themselves described their tests as an "imperfect experiment."
The American Tort Reform Association (ATRA) released a report indicating that trial lawyers often depend on "unsubstantiated scientific evidence" to back up their claims. "Unscrupulous experts with dubious credentials and lax scientific standards are enlisted to provide baseless scientific testimony," said ATRA's report. It added: "The integrity of our legal system is at risk as lenient evidentiary standards persist, allowing misleading assertions to infiltrate courtrooms." The report also pointed out that taxpayers often bear the costs of these "mass tort" lawsuits.
Tauler Smith LLP provides representation for both plaintiffs and defendants in various areas such as unfair competition and business disputes, as stated on the firm's website. The Los Angeles-based firm was founded by Robert Tauler and Matthew J. Smith, both Harvard Law School graduates.
According to its website, Bursor & Fisher, P.A., is a nationwide law firm with offices in Florida, New York, and California. Its cases span areas like product liability and consumer fraud. The firm has represented plaintiffs against corporations including Google, AT&T, Honda, and Verizon, securing numerous multi-million-dollar verdicts.