{"id":76877,"date":"2024-07-17T09:08:50","date_gmt":"2024-07-17T17:08:50","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/07\/17\/iowa-companies-claim-in-lawsuit-that-state-approved-thc-drinks-with-10-servings-per-can\/"},"modified":"2024-07-17T19:46:12","modified_gmt":"2024-07-18T03:46:12","slug":"iowa-companies-claim-in-lawsuit-that-state-approved-thc-drinks-with-10-servings-per-can","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/07\/17\/iowa-companies-claim-in-lawsuit-that-state-approved-thc-drinks-with-10-servings-per-can\/","title":{"rendered":"Iowa Companies Claim In Lawsuit That State Approved THC Drinks With 10 \u2018Servings\u2019 Per Can"},"content":{"rendered":"<\/p>\n

\u201cDHHS knew that these cans contained as many as 10 servings per can. With that knowledge, DHHS approved those cans.\u201d<\/em><\/p>\n

By Clark Kauffman, Iowa Capital Dispatch<\/strong><\/p>\n

The companies that are fighting the state\u2019s efforts to restrict THC levels in carbonated beverages claim the state knowingly approved the sale of 12-ounce cans with up to 10 \u201cservings\u201d per can.<\/p>\n

Ten different Iowa companies are suing the state to block enforcement of a new hemp law<\/a> that restricts the levels of THC in beverages and other consumables. THC, short for tetrahydrocannabinol, is the main psychoactive compound found in cannabis or hemp.<\/p>\n

The companies allege a new law\u2014based on House File 2605<\/a>\u00a0and\u00a0House File 2641<\/a>, both of which were passed this year by state lawmakers\u2014is preempted by federal law. In court filings, the companies say they \u201ccontinue to have no understanding what constitutes lawful business and what constitutes criminal conduct as of Monday, July 1, 2024.\u201d<\/p>\n

They also argue that attorneys for the state have misled the court by arguing state regulators were unaware that they had for years approved the sale of 12-ounce cans of THC-infused beverages that declared there were 10 servings, rather than one, in a single can.<\/p>\n

At issue is the new law\u2019s language limiting the THC in a consumable hemp product to \u201cfour milligrams per serving.\u201d The companies say the law doesn\u2019t define a serving, creating uncertainty as to the legality of all their products.<\/p>\n

The attorney general\u2019s office, representing the state, argued in court papers filed this week that no state defines serving sizes for food and beverage manufacturers, in part because federal law requires the companies to calculate serving size and publish that information on their product labels.<\/p>\n

\u201cTo know how many servings are in their products, [the companies] need only look to the side of their cans,\u201d the attorney general\u2019s office argues. \u201cOnce they see the number of servings that they are federally required to list, they can compare it with the amount of THC in the beverages. [They] know how to do this.\u201d<\/p>\n

The companies say the law\u2019s vagueness has led to their products being unofficially \u201cshadow banned,\u201d with retailers refusing to sell them. They also note that while the state claims anyone can easily determine the legality of a product, the state\u2019s own regulators have \u201crefused to definitively tell\u201d the companies which of their products are legal.<\/p>\n

The state\u2019s lawyers claim the litigation over serving size stems not from legitimate concerns of vagueness but from the companies\u2019 opposition to the Iowa Legislature\u2019s \u201cpublic-safety decision to lower the amount of THC in consumable hemp products.\u201d<\/p>\n

Federal law states a serving should be \u201can amount customarily consumed,\u201d and for carbonated and non-carbonated beverages, the standard serving size is 12 ounces. \u201cThe industry\u2014which comprises many persons of ordinary intelligence\u2014thus well understands what HF 2605 meant when it set a limit of THC content per serving of consumable product,\u201d lawyers for the state have told the court.<\/p>\n

The companies argue that the state has not always embraced the 12-ounce standard for serving sizes. They say that prior to July 1, the state appears to have determined a beverage\u2019s serving size based on the manufacturers\u2019 own recommendations. DHHS, they say, was \u201capproving 12-ounce beverages with one, two, five or 10 servings per container.\u201d Only now, the companies say, is the state adopting the theory that a single serving is defined as 12 ounces.<\/p>\n

At a July 11 hearing, a lawyer for the state argued that DHHS never knowingly approved beverages that claimed to have 10 servings per 12-ounce can.<\/p>\n

\u201cThis is not true,\u201d plaintiff Field Day Brewing Co.\u2019s director of operations, Dan Caraher stated in a sworn affidavit filed with the court. \u201cDHHS required that manufacturers submit information on serving and container. Based on this requirement, and on information and belief, DHHS knew that these cans contained as many as 10 servings per can. With that knowledge, DHHS approved those cans.\u201d<\/p>\n

In a brief filed with the court, the attorney general\u2019s office argues the state has an interest in restricting the amount of THC in beverages.<\/p>\n

\u201cSince the onset of Iowa\u2019s consumable hemp market, Iowa has seen a 1,050% uptick in calls to the Iowa Poison Control Center regarding children exposed to THC,\u201d lawyers for the state claim. In addition, they say, Iowa\u2019s hospitals have seen \u201ca drastic increase in emergency visits relating to THC consumption.\u201d<\/p>\n

The 10 companies suing the state include Climbing Kites, a Polk County beverage manufacturer; Field Day Brewing Co., the Johnson County producer of Day Dreamer beverages; HW Premium CBD of Urbandale; American Shaman, which has retail locations in Altoona, West Des Moines and Indianola; Greene Goods Market and Greenhouses of Jefferson; Your CBD Store, which is a national franchise with a West Des Moines store; Beyond CBD of Des Moines; Campbell\u2019s Nutrition Centers of Des Moines; Sky High of Cedar Falls; and Icanna of Iowa.<\/p>\n

Last month, U.S. District Court Chief Judge Stephanie M. Rose denied the initial motion by Climbing Kites and Field Day for a preliminary injunction blocking enforcement of the law. Her decision, she noted, was based on the argument that the state law was preempted by federal law.<\/p>\n

But in her ruling, Rose noted she had separate, \u201cserious concerns\u201d with the law, indicating it may be so vague as to be unconstitutional since it limits the amount of THC in a single serving without defining a serving. \u201cIt is unclear how this provision would be enforced,\u201d Rose stated in her ruling.<\/p>\n

Immediately after Rose raised that issue, Climbing Kites and Field Day incorporated the vagueness argument into their case and renewed their push for an injunction.<\/p>\n

This story was first published by Iowa Capital Dispatch.<\/a><\/em><\/p>\n

\n

FDA And FTC Issue More Warning Letters To Hemp Businesses Allegedly Marketing Delta-8 THC Products That Appeal To Children<\/a><\/p>\n<\/blockquote>\n

\n

Photo elements courtesy of rawpixel<\/a> and Philip Steffan<\/a>.<\/em><\/p>\n

The post Iowa Companies Claim In Lawsuit That State Approved THC Drinks With 10 \u2018Servings\u2019 Per Can<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


\n
\nRead More: Iowa Companies Claim In Lawsuit That State Approved THC Drinks With 10 \u2018Servings\u2019 Per Can<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cDHHS knew that these cans contained as many as 10 servings per can. With that knowledge, DHHS approved those cans.\u201d By Clark Kauffman, Iowa Capital Dispatch The companies that are fighting the state\u2019s efforts to restrict THC levels in carbonated beverages claim the state knowingly approved the sale of 12-ounceContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":457,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76877"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/457"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=76877"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76877\/revisions"}],"predecessor-version":[{"id":76878,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76877\/revisions\/76878"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=76877"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=76877"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=76877"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}