07/27/2023
In 2018, a TX DPS trooper arrested our client, James, for possession of a controlled substance. He was indicted and was facing 5-99 years in prison. What did he possess to face such a harsh sentence? A bottle of CBD V**e Juice made by CBDFx, the self-proclaimed "second largest private CBD company in the world." The label literally said "NO THC," but it made no difference to the trooper.
That is because the trooper (and CBDFx) knew something that James did not: that CBD products have trace amounts of THC in them. And at that time in Texas, there was no "up to .3% THC" exception.
As expected by the trooper, the v**e juice tested positive for THC, resulting in James spending a total of 54 days in jail. Brennon Mitchell zealously defended James against the absurd charges and got a NOT GUILTY verdict by an Orange County jury in 2020.
We then set our sights on CBDFx for putting the deceptive label on their product. They continuously denied that it was their label, claiming it must've been a counterfeit product. But at trial, the CEO had no choice but to admit that it was their label in front of the jury after being confronted with overwhelming evidence. Unfortunately for him, this admission was after the jury already saw the video of his deposition in which he testified, "I've said that to you a hundred times. Let me repeat it again so it's clear for the record. We have never put 'NO THC' on any of our labels. Is that clear enough?"
Yesterday evening, a unanimous Webb County jury found CBDFx liable for fraud, knowing and intentional violations of the Texas Deceptive Trade Practices Act, and breach of an express warranty. The jury awarded James $485,000, which will be a huge help to restore what was taken from him.
I am proud of James and his wife K***e for staying in the fight for this long and enduring two trials rather than accepting absurd plea and settlement offers. They pressed on despite being repeatedly told that a Orange County would convict and a Laredo jury would never give them six figures.
I want to thank my wonderful wife, Chrysa Jones, for being my sounding board on this case over the past few years and helping me come up with ways to best tell James's story.
Last but not least, I'd like to thank one of the best local counsel I've ever had, Octavio Salinas. He jumped on this case just a week before trial, learned the case quickly, and was instrumental in our success. It was an honor to have him as part of our trial team.
There's no better feeling as a lawyer than watching the weight of the world leave your client's shoulders after a favorable verdict. Grateful that justice was served.
