Wrongful Death Suit Filed Over CBD/THC Labeling Mix Up

By Terry Hacienda, The Fresh Toast on

Published in Cannabis Daily

Earl Jacobe’s family said that an unfortunate series of episodes began after he consumed large amounts of THC from mislabeled Curaleaf hemp tinctures.

‘This article originally appeared on and has been reposted with permission.

Earl Jacobe’s family has filed a wrongful death lawsuit against Curaleaf, an Oregon cannabis company. The family claims the mix-up between the product’s labeling early in the year played a huge role in his death.

Jacobe, 78, is one of the customers who purchased mislabelled hemp tinctures in Oregon. He experienced strange reactions after consuming the product, and after that, he suffered more complications after succumbing to COVID-19 some weeks later. In the last weeks before his death, he was hospitalized at least twice; his family claims he had stroke-like reactions which lowered his immunity and made him contract the dreaded virus. The Backstory This all started when customers discovered that they got high after consuming a cannabidiol (CBD) product between June and September this year. This report led to further investigations by Oregon’s cannabis regulator, and it was established that Curaleaf wrongfully mislabelled a batch of products produced and tested around May 2021.

The Oregon Liquor and Cannabis Commission (OLCC) subsequently issued a product recall and immediately uncovered this mixup. Cannabidiol products are not supposed to have any significant level of psychoactive tetrahydrocannabinol (THC) as they are supposed to be produced from hemp.

In the report issued by OLCC in September, customers got to know that the mistake occurred at Cura Cannabis’s Portland manufacturing site. The products were not meant to have THC, and negligence on the production site led to this mixup. From the tincture’s packaging and labels, customers thought that the product was made from hemp and contained no detectable THC.


In an interview, Mark Pettinger, OLCC spokesperson, said that the regulation immediately retested samples from the bottle. The results came back positive for THC; more bottles were tested and found to have the same impact. The investigation revealed that the product, Select Tincture 30ml THC drops– 1,000 mg unflavored, produced and sold in Oregon from June to August 2021 were mislabeled and had to be recalled for more tests or destruction.

The regulatory body, OLCC, also issued another recall for the brand’s THC tinctures for testing, but they were found to be safe as they contained no THC. A Human Error In a statement to respond to the ensuing backlash, Curaleaf blamed the mistake on unintentional human error. This so-called human error has led to the hospitalization of many and possibly the death.

Jacobe’s family is the first to file an alleged wrongful death lawsuit against Curaleaf. However, nine previous lawsuits have already been signed against Curaleaf Holdings in the last ten weeks. More cases may still pop up.

The tragic death of Earl Jacobe, as well as the pain he endured in his final days, are the focal points in this wrongful death suit. His family sadly explained that he had to be transported to the hospital via helicopter twice and that it was the doctors who let them know that the patient had exhibited stroke-like symptoms. His family said that an unfortunate series of episodes began after the deceased consumed large amounts of THC from the mislabeled Curaleaf hemp tinctures.


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