Acreage, Verano Urge Dismissal of THC Potency Class Actions in Illinois

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Acreage Verano THC Potency Suits

Cannabis titans Acreage Holdings Inc. and Verano Holdings are firing back at class action lawsuits that accuse them of gaming Illinois marijuana laws by deceptively labeling high-THC products. This week, both multistate cannabis operators filed motions in Illinois federal courts, urging judges to toss the consumer fraud cases, calling them baseless and speculative.

The lawsuits, part of a growing trend of litigation targeting the booming cannabis industry, claim Acreage and Verano sold cannabis-infused products (CIPs) that exceeded Illinois’s strict 100-milligram THC limit per package by branding them as cannabis concentrates, a category that enjoys looser regulation.

Defendants: “No Misrepresentation, No Case”

In synchronized motions filed Wednesday, both companies—represented by the same legal team—argued that the suits lack a central ingredient for any fraud case: a clear misstatement.

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“This case lacks the most fundamental element of a consumer fraud class action: an actual misrepresentation,” the defendants said bluntly.

They further argue that the plaintiffs failed to identify any specific misleading claim, nor did they actually buy most of the products listed in their complaints—undermining their legal standing. The cannabis products under scrutiny, the companies added, had already cleared state regulatory hurdles for both medical and recreational use.