Oregon shoppers who purchased vape products that were allegedly mislabeled as 100% cannabis more than two years ago can begin filing $200 claims through the settlement of a class-action lawsuit.
The lawsuit claims that Cura Partners Inc. failed to disclose that 186,000 units of certain Select brand oil products contained botanical terpenes, according to case administrators, who said Feb. 27 they are ready to begin processing claims, The Oregonian reported.
The claimants must be Oregon residents 21 and older who purchased products from the Select Elite, Select Pax and/or Select Dabbables product lines, including cartridges, disposable pens or pods, between Aug. 15, 2018, and Nov. 22, 2019, according to CPT Group, the case administrators.
Curaleaf signed a definitive agreement to acquire Portland, Ore.-based Cura Partners and its Select brand in May 2019 in a $948.8-million all-stock deal. Curaleaf completed that acquisition in February 2020.
The following year, Curaleaf became involved in a separate lawsuit for allegedly mislabeled products associated with a September 2021 recall by the Oregon Liquor and Cannabis Commission. Those products involved mislabeled CBD tinctures that actually contained THC.
Those wishing to submit a claim for the recent settlement must do so by April 29, 2022. In addition to the online forms, claim forms are also available by writing to Cura Settlement, c/o CPT Group Inc., 50 Corporate Park, Irvine, CA 92606; or by emailing email@example.com.
While the company denies it did anything wrong, and the circuit court for Multnomah County has not decided which side is right, the parties reached a $500,000 settlement. That money will provide $125,000 in plaintiff attorney fees as well as $200 for each approved claim, according to CPT Group.
In addition, the defendant agreed to pay a $110,000 “dishonest conduct” penalty in January 2020, The Oregonian reported.
The approximate costs of the allegedly mislabeled products at issue were $20, according to the settlement. Plaintiffs are entitled to back out of the settlement if the number of approved claims is so high that each class member would receive less than $20 each, according to the settlement.
However, the settlement forecasts that fewer than 1% of those eligible will file claims because of the cash-only nature of Oregon sales as well as the products being sold through third-party retailers, The Oregonian reported.
Those filing claims must show a proof of residency or proof of purchase in Oregon. The packaging on the eligible products did not include the existence of botanically derived terpenes and/or medium-chain triglyceride (MCT) as an ingredient in the product lines, according to CPT Group.
Those with approved claims will receive an electronic payment or paper check.
Any unclaimed funds will be split evenly between the Oregon State Bar and the Oregon Consumer League, a nonprofit advocacy organization focused on consumer protection issues