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Lawsuit filed against N.B. marijuana producer

Growing flowers of cannabis intended for the medical marijuana market are shown at OrganiGram in Moncton, N.B., on April 14, 2016. A class action lawsuit has been filed against a New Brunswick medical cannabis producer after unapproved pesticides were used in their products.
Growing flowers of cannabis intended for the medical marijuana market are shown at OrganiGram in Moncton, N.B., on April 14, 2016. A class action lawsuit has been filed against a New Brunswick medical cannabis producer after unapproved pesticides were used in their products. THE CANADIAN PRESS/Ron Ward

MONCTON, N.B. – A class action lawsuit has been filed against a New Brunswick medical marijuana producer after unapproved pesticides were found in its products.

Wagners Law Firm alleges roughly 2,000 people purchased cannabis products containing myclobutanil and bifenazate from Moncton’s Organigram Inc. last year.

The law firm says both chemicals are considered toxic and are not authorized for use on medical cannabis, and says users are worried about the health effects.

It says Organigram recalled five lots of product in December and 69 lots in January before the company’s organic certification was suspended.

Organigram did not immediately return a request for comment Monday. But the company said in a Feb. 27 press release that its internal investigation was inconclusive, with no evidence “leading to the source of the contamination discovered.”

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Wagners says the proposed representative plaintiff — writer Dawn Rae Downton — consumed the cannabis for nearly a year before learning she was exposing herself to banned pesticides.

The statement of claim alleges Organigram breached its contract with customers to provide a certified organic product free from unauthorized pesticides.

The firm says Organigram originally offered a refund to customers, but later reversed its position and offered credit for future purchases.