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KUSHY PUNCH WRONGFUL DEATH SUIT RAISES LIABILITY ISSUES

By Alex Halperin
11/08/2020 09:40 PM GMT-0700
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A wrongful death lawsuit against the parent company of California brand Kushy Punch, could signal problems ahead for edibles makers.
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  • The lawsuit involves the death of a 28-year old flight attendant who “experienced acute severe symptoms that lasted for hours, including cardiovascular, respiratory, psychiatric, and dysphoric symptoms that manifested as uncontrollable movements, terrifying heart racing, trouble breathing, and mental and physical uncharacteristic outbursts and severe panic attacks.”
  • The specific cause of death was not clear from the suit.
  • “These companies disguise and market their products as safe, fun and healthy,” according to the suit filed by the deceased’s parents. “What they do not tell consumers is that the use of their products carry extreme risk of serious injury or even death.”
  • If the case is successful it could be “quite damaging for the industry,” said Tom Downey, an attorney with the Denver-based Ireland Stapleton firm. (He’s not involved in the case.)
  • While fatal cannabis overdoses are essentially unheard of, there have been cases where overconsumption apparently led to fatal incidents such as homicide and suicide.
  • Kushy Punch didn’t respond to requests for comment. The company has also been sued by the state of California for allegedly running an unlicensed gummy factory.
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