Comment · Tue, September 24, 2013
Nicholas Colbert Died After Smoking Synthetic Marijuana, Now His Mother Is Suing
What they were answering
Milstar · 1 points
Not necessarily. The question of intent will crop up. What is the reason for this item to be sold to a consumer? If a company just places that blanket statement on their packaging then it can be assumed that they are trying to hide something (a danger, for which the consumer is totally unaware of).
It will be questioned in court why humans cannot consume it. What tests or analysis was done, and having that established then why the hell is this even for sale. Also if there are any dosage or other instructions that may contradict that message, for example I saw a package of kratom in a head shop that stated not for human consumption, yet listed a measured use on the back.
From a legal aspect, it would be a good case to watch play out, but I don't think the manufacturer would be free of liability.
u/MisterYouAreSoDumb
The producers have to be VERY careful to never mention anything that can be used to legally construe the intent for human consumption. If you list a recommended dose, but say "Not For Human Consumption," the courts will find that the dosage recommendation is enough to show that they were intending for human consumption.
I just started a nootropics company, and some of our products are schedule 4 analogs. This means that if I have any mention of dosage or recommending human consumption, the DEA can come after me. Even if I have it in a consumption section of my site, they can try and make a case. So I have completely separate labels for those products, and have them in a different section of the site. I also have no overt mention of their use, or recommendations for dosing. I can link to outside sites that talk about it. However, I cannot overtly state anything.