Professional truck drivers must take required drug tests. The consequences of failing a drug test could be discipline in the form of lost driving time and a possible fine. In a twist on the usual tale, an Illinois-based driver has started a class action lawsuit against the maker of a gummy candy that is alleged to have been mislabeled.
According to recent reports, the driver alleges that the candy caused him to fail a drug test for THC, the chemical that gives marijuana its intoxicating properties. The driver claims that he bought a package of the candy, made by Just Brands USA in Florida, after reading the label that said "No THC." He intended to use the candy to help him sleep and he used it for about two weeks. At that point, the plaintiff was required to take a drug test, which he failed. He thereafter lost his job.
The driver claims that he relied on the box label before purchasing the candy because he was aware that a positive finding for THC could cost him his job. The complaint alleges that the manufacturer violated the Illinois Consumer Fraud and Deceptive Business Practices Act by stating that the candy did not contain THC when, in fact, it did. The plaintiff's attorney stated that the plaintiff had been a truck driver for about 10 years and had never previously failed a drug test.
Deceptive labeling is a common form of consumer fraud. Consumers may have valid legal claims when this type of fraud occurs.