Truck driver Trevor Darrow alleges that he used JustCBD gummy candies with a “No THC” symbol on the label to help him sleep. After about two weeks of using the product, he failed a drug test due to the presence of THC.A truck driver who used Cannabidiol, or CBD, gummy candies to help him sleep has filed a class action lawsuit against the gummy manufacturer after he failed a drug test and lost a job opportunity.
Illinois-based trucker Trevor Darrow alleges that the JustCBD gummies he bought, manufactured by Florida-based Just Brands USA, had a “No THC” label on the package, indicating that the gummies did not contain THC, the psychoactive compound in marijuana drug tests are typically aimed at detecting.
After using the gummies for about two weeks, Darrow failed a drug test due to the presence of THC in his system and subsequently lost his job.
JustCBD said in a statement Darrow’s claims have “no merit” and noted that drug tests can vary greatly.
“It is also worth noting that drug tests administered by employers vary greatly in their accuracy and sensitivity to a number of chemical compounds, recreational or pharmaceutical drugs that could result in a positive finding of THC,” the company said.
According to Darrow’s attorney David Fish with The Fish Law Firm in Naperville, Illinois, Darrow had been a truck driver for about 10 years and had never failed a drug test when he tested positive in August.
“He was in the process of switching jobs,” Fish said. “He got a new opportunity, and as part of the on-boarding process was given a drug test, and he failed. Unfortunately, he didn’t get the job because of that.”
Fish added that Darrow “was shocked and couldn’t believe what happened.” He was out of work for about two months before finding another driving job, Fish said.
In the lawsuit, Darrow claims Just Brands violated the Illinois Consumer Fraud and Deceptive Business Practices Act by labeling products with “No THC” labels when he says the products do actually have THC. The lawsuit says Darrow and others who purchased JustCBD products wouldn’t have bought them “had the true facts about the presence of THC in the products been known.”
“That’s why he bought it,” Fish said. “He knew that as a truck driver, he couldn’t have THC in his system. We think that companies that sell CBD products need to give warnings to people about the risk. With these new products exploding in popularity, we want people to be warned about what might happen if they eat them or use them.”
The lawsuit class is open to anyone who purchased JustCBD products with the “No THC” label in Illinois within the last three years. It is not limited to just truck drivers or people who failed drug tests. Fish said he would like to hear from anyone who has purchased a JustCBD product or any product with a label regarding THC.
Darrow’s case isn’t the first of a trucker using a CBD product believing it was THC-free before failing a drug test. Overdrive’s Todd Dills reported in September on trucker Mike Harris, who used CBD oil for knee pain relief. Harris failed a random drug test that came back positive for marijuana. Similar to Darrow’s case, Harris had been assured the oil he was using would not show up on a drug test.
