Sometimes life isn’t fair. Without realizing it, growers may be liable for product liability claims, even if they try to do everything right in the grow. Recently, the first civil lawsuit based on product liability was filed against a major grower in Denver. The lawsuit was based on the claim that pesticides that were harmful to the consumers were used.
In addition to the lawsuit, there was an issue with the well-known pesticide Guardian Mite Spray, which was found to contain the chemical abamectin. The chemical, which was not listed as an ingredient, was not an approved substance in all states.
Any time a product enters the marketplace, there’s a possibility of a product liability civil lawsuit. A lawsuit could be filed if a product is found to have injured a consumer, caused them to suffer damages, or has inadequate warnings or a recall.
Civil lawsuits of this nature can usually be brought against any business that is part of the supply chain. The cannabis industry and its participating businesses and individuals, including growers, manufacturers, dispensaries/centers or retailers, are not immune to product liability exposure.
What’s a Grower to Do?
So what can you do after you discover that you have used an unapproved substance that was not included on a pesticide’s ingredient list, or have used an ingredient that at the time was unknown to be harmful?
There are several steps you can take to try to minimize exposure from product liability claims. However, it should be noted that even after trying to minimize all risks, a lawsuit could still be filed due to another business’s actions within the supply chain or unknown information at the time of use.
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