Aurora Cannabis Faces Class Action Over Cannabinoid Hyperemesis Syndrome Risk
The class action was certified last month in Ontario's Superior Court of Justice and is being brought by Canadian law firm Sotos Class Actions. It seeks to represent all individuals in Canada who purchased Aurora Cannabis products between February 2015 and May 2025 and were later diagnosed with CHS.
Aurora Cannabis, based in Canada, is one of the largest medical cannabis companies in the industry and operates globally, with a presence in North America, Europe, Latin America, and Australia. It als trades on the Toronto Stock Exchange and Nasdaq. In January, the company announced the release of its first medical cannabis product grown in Germany, following the legalization of recreational cannabis for personal use that eased restrictions in the country's medical cannabis market.
The plaintiff, identified as V.T., alleges she developed CHS after using Aurora's cannabis products, which were prescribed to treat post-traumatic stress disorder.
Cannabinoid Hyperemesis Syndrome (CHS) is a condition tied to long-term cannabis use that leads to repeated bouts of severe vomiting. Since the syndrome hasn't been widely studied, estimates of how many people experience CHS symptoms differ.
A study published in Basic & Clinical Pharmacology & Toxicology found that about 33% of long-term cannabis users met the criteria for CHS.
According to the claim, V.T. used cannabis oils and softgels daily from 2019 to 2020 as prescribed but later experienced severe and ongoing stomach problems, including repeated nausea, vomiting, and abdominal pain. These symptoms became so intense that V.T. was hospitalized. During the second emergency room visit, V.T. was diagnosed with CHS.
She says she wasn't warned about the possible risks and that the product packaging and related materials didn't include any information about the condition.
The claim alleges that Aurora and its subsidiaries, namely Aurora Cannabis Enterprises and MedReleaf, either knew or should have known of 'all the serious harmful effects arising from the consumption' but didn't warn consumers or healthcare professionals.
'The Defendants do not publish product monographs for the cannabis products or otherwise direct information to learned professionals, including prescribing physicians or product sales persons, communicating the risk of CHS,' the statement of claim reads.
V.T., therefore, accuses the companies of neglecting their duty of care and engaging in misleading practices, claiming they violated both federal and provincial laws, including the Cannabis Act and the Food and Drugs Act, which states that no one is allowed to label, package, sell, or promote a drug in a way that is false, misleading, or likely to give the wrong impression about its nature, value, ingredients, or safety.
'The failure to warn of the risk of CHS of the cannabis products is a false, misleading or deceptive omission about the safety of the cannabis products,' the claim highlights.
When asked for comment, an Aurora spokesperson said by email that the company does not comment on legal matters beyond what is publicly available. They added that information related to the class action can be found through the company's regular disclosures.
In the class action, V.T. is, therefore, seeking general and aggravated damages for pain, emotional distress, and lost income, along with compensation for overpayment and unjust enrichment. The claim also asks for reimbursement of public healthcare costs, class notification expenses, and the return of profits linked to the alleged misconduct.
This is one of the first class actions related to CHS and involves a major medical cannabis company. The case raises questions about whether consumers are adequately informed of the potential risks of frequent or long-term cannabis use, and could set a legal precedent for the regulated cannabis industry, particularly concerning emerging health issues.
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