IZARD COUNTY, Ark. – A new lawsuit alleges wrongdoing on the part of a quick stop chain, a vape pen manufacturer, and others involved in the sale of vape pens alleged to contain more THC than legally allowed in Arkansas.
The lawsuit was filed on Wednesday, December 27 in Izard County Circuit Court by Nicole Long and others similarly situated, represented by Sutter & Gillham of Little Rock. It targets Jordan’s Kwik Stop and Alliance Hemp Company, the manufacturer of the products in question.
The lawsuit states that each defendant manufactures, tests, distributes, markets, or sells D8 Vape pens in Izard and Jackson counties, warranted as compliant with the Hemp Farming Act of 2018, meaning that these products contain no more than hemp-derived .3% Delta-9 THC by dry weight. But the lawsuit alleges this representation is false.
Allegedly, Alliance Hemp Company was aware of this discrepancy and instead of ensuring compliance, sought out a lab willing to issue a “false COA, like the lab defendants in this case.” Alliance Hemp Company is an inactive Oklahoma limited liability company with members Derik Julian and Ryan Hayden, who were also named as defendants. The suit also targets a lab accused of falsely certifying the product’s legality.
The central point of the lawsuit is the allegation that the manufacturers collude with various laboratories to falsely certify products. The products are substantially over the 0.3% D9 THC maximum, according to the lawsuit.
“Acting at Alliance’s direction, the Lab Defendant produced a certificate that falsely reflected that the product Plaintiff purchased contained legal amounts of D9 THC.”
The lawsuit seeks class action status, noting that the defendants maintain databases of persons who have purchased D8 products. The suit says there are thousands of class members including all who bought one or more D8 vape pen made by Alliance at Jordans. Because the plaintiffs engaged in a transaction they didn’t know to be illegal, they’re entitled to rescind the transaction, the suit alleges.
On January 2, 2024, NEA Report reached out to Luther Sutter of Sutter & Gillham on why his firm filed the action.
“If people are buying D8 vape pens, more likely than not, they are committing a felony,” Sutter said. “These vape pens can be dangerous. It’s a public health issue. And we need to get it stopped.”
NEA Report also reached out to Jordan’s Kwik Stop corporate through their website for comment but did not receive an immediate response.
Delta-8-tetrahydrocannabinol (Delta-8 THC) and Delta-9-tetrahydrocannabinol (Delta-9 THC) are cannabinoids found in cannabis. They share a similar chemical structure but differ in their effects and legal status.
For more information about D8 and D9, check out this article from Forbes titled: Delta-8 THC vs. Delta-9 THC: What’s The Difference?
Multiple counts form the basis of the lawsuit. Count 1 is the Drug Dealer Lability Act, § 16-124-103, which states a person who knowingly participates in the illegal drug market is liable for civil damages. Count 2 contains breaches of express warranty, implied warranty of merchantability, from the defendant marketing a product in compliance with federal law that allegedly was not. Count 3 is fraud, violation of the Arkansas Deceptive Trade Practices Act, and Count 4 is unjust enrichment from the defendant obtaining benefits and money from a product not as represented and to the detriment of the plaintiff and class.
The lawsuit seeks compensatory damages, statutory/punitive damages not exceeding $5 million dollars, attorney’s costs, and an order shutting down the manufacture and sale of the D8 vape pens in the manner prescribed in the Arkansas Drug Dealer Liability Act.
Read the full lawsuit: Complaint v Jordans, Alliance
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