Feinstein Doyle Payne & Kravec has decades of experience representing consumers in Pennsylvania and elsewhere against large companies for deceptive conduct and unfair trade practices in life insurance matters and others. Contact us at [email protected] if you have concerns regarding deceptive practices in the sale of your life insurance policies.
While other food labeling class actions have been certified in the past (including in cases prosecuted by this Firm), Judge Pauley’s Kind opinion is notable for a number of reasons.
“The plain language of the current statute imposes liability on commercial vendors who engage in conduct that has the potential to deceive and which creates a likelihood of confusion or misunderstanding. That is all that is required. The legislature required neither carelessness nor intent when a cause of action is premised upon deceptive conduct,” Justice Wecht wrote for the 4-3 majority.
Without regulations establishing the limits of toxic metals in baby food, manufacturers have been left to self-regulation. Unfortunately, according to the report, many aren’t testing for toxic metals, and those that do are selling products that exceed their own internal standards. Indeed, the test results of baby foods and their ingredients eclipse their company’s standards for many products sold to unsuspecting parents: including results up to 91 times the arsenic level, up to 177 times the lead level, up to 69 times the cadmium level, and up to 5 times the mercury level of those companies’ internal “limits.”
The report also calls on manufacturers to voluntarily find substitutes for ingredients that are high in toxic heavy metals or phase out products that do.
Kind bar featured in initial In re Kind LLC “Healthy and All Natural” Complaint
These metals are found naturally in the soil, and as a result, end up in our produce because they absorb them in the soil as they grow. According to the report, even low levels of metal exposure can cause serious and often irreversible damage to infants, such as stunts to brain development and elevated risks of cancer.
Hemp is an extremely versatile plant with a multitude of uses. It can be cultivated for use as a fiber crop, seed crop, or for production of cannabinoids found in the flowers. Hemp products manufactured from the fibrous stalks and seeds include rope, clothes, food, paper, textiles, plastics, insulation, oil, and biofuel.
Yes. Hemp and marijuana are different varieties of the same plant species, and cannot be distinguished visually. THC testing is required differentiate between hemp and marijuana.
MDAR will be testing the crop prior to harvest in order to ensure that the crop contains less than 0.3% THC.
What kinds of products are made from hemp?
Plants in the genus Cannabis contain unique compounds called cannabinoids. There are at least 113 different cannabinoids produced by cannabis plants. The most notable of these cannabinoids is delta 9- tetrahydrocannabinol, also known as THC. THC is the primary psychoactive compound found in marijuana. While marijuana plants contain high levels of THC (typically between 5-25%), the varieties used for hemp contain very little. To be considered hemp, the cannabis plants must contain no more than 0.3% THC on a dry-weight basis.
The method we use is called high-performance liquid chromatography, or HPLC. As hemp in Massachusetts is defined as “The plant of the genus cannabis and any part of the plant, whether growing or not, with a delta-9 THC concentration that does not exceed 0.3 per cent on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta-9-THC and tetrahydrocannabinolic acid (THCa) in any part of the plant of the genus cannabis regardless of moisture content”, we test for the total THC using the following formula: delta-9 THC + (THCa * 0.877). This method, or a similar one that uses decarboxylation, is required under the 2018 Farm Bill.
The information provided here should help users interpret the Massachusetts Commercial Industrial Hemp Policy and provide answers to frequently asked questions about Industrial Hemp in the Commonwealth.
Hemp and marijuana are different varieties of the same plant species, Cannabis sativa L. Hemp is a non- psychoactive variety of the plant specifically cultivated for industrial uses. Hemp has no use as a recreational drug. Both hemp and marijuana are defined under Massachusetts law, and jurisdiction for hemp is given to the Massachusetts Department of Agricultural Resources (“MDAR”) while marijuana falls under the Cannabis Control Commission. For more information, see Massachusetts General Laws, Chapter 128 , Sections 116 through 123 and Chapter 55 of the Acts of 2017. Under Chapter 55 of the Acts of 2017, hemp is excluded from the definition of marijuana and defined separately both there and within Massachusetts General Law, Chapter 128, Section 116 so for the purposes of state law there is also a legal distinction between the two.