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Legal Battle Reveals Looming Problems of Heavy Metals in CBD Products

Beth Jenkins

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Legal Battle Reveals Looming Problems of Heavy Metals in CBD Products

CBD American Shaman has a lawsuit going against its false advertising that its products contain no heavy metals, which “raises more questions than it answers”, according to one attorney. Many lawsuits have been filed against CBD companies lately, some around the levels of CBD or other cannabinoids contained in the advertised supplements, whereas others on the legal status given by the FDA to CBD beverages, supplements or foods.

CBD American Shaman Falsely Marketing Products

A lawsuit was filed on May 4 in Florida, against CBD American Shaman. It seems the company claimed its products contain no heavy metals and insecticides, but a test from the ProVerde Laboratories shows something different. Plaintiff Michael Davis received results from tests that suggest CBD American Shaman supplements have traces of copper, lead and nickel. Here’s what the complaint says exactly:

“This means that not only does the product contain heavy metals, but also that the presence is of such concentration as to fail laboratory testing.”

Furthermore, the tinctures tests also showed trace levels of mold and yeast 3 times more than ProVerde’s limits.

CBD American Shaman and ProVerde Laboratories haven’t Comment Yet

Until now, neither the CBD American Shaman or ProVerde Laboratories entities commented on the lawsuit yet. This highlights how the CBD industry is still unregulated when it comes to safety or quality of products, says Greg Kaufman from Eversheds Sutherland, who added that many CBD brands are only drawing it to the attention of the public quality standards and don’t talk about any health risks involved with their products. It seems that even if CBD formulas make claims to have no pesticides or heavy metals, these claims can still be fought with competing lab reports.

What Can CBD Consumers Do?

Cases like the CBD American Shaman ones underline how much federal standards for CBD products are needed. The US Hemp Authority’s President, Marielle Weintraub, says sampling and testing can help consumers trust their CBD products more. Here are her exact words on how things are at the moment:

“Too little CBD is not going to harm anyone, it’s wrong and you’re lying to people [to say there’s more CBD on label than there actually is in the formula]. What scares me is when people are not testing for heavy metals, not following GMPs, not testing what a phytoremediation plant needs to be tested for.”

The certification program created by the US Hemp Authority was meant for trusted products, but it seems retail buyers are more and more turning to it when trying to vet CBD suppliers. This is what Weintraub had to say about this:

“More retailers are using our seal as part of their supplier verification program, and some won’t accept products that don’t have it.”

Having a Seal Helps Standardize the Industry

The seal's purpose is for informing a retailer that every supply chain step has been respected, from harvesting to storage and extraction. This offers more security and comfort. While not all CBD market players have been onboard when labeling started, it seems more of them are struggling to respect the seal’s guidance procedures.

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