2021Drug Testing
Test Tubes

Written By ESR News Blog Editor Thomas Ahearn

Several people have filed lawsuits claiming that drinking detox tea “ultimately led to them being fired from their jobs” after they failed required employment drug tests by testing positive for Tetrahydrocannabinol (THC), the chemical found in marijuana, according to a report from WSOC-TV Channel 9 in Charlotte, North Carolina.

In March 2021, Channel 9 reported that three women told the station they failed employment drug tests after drinking Raspberry Lemonade Iaso Tea from Total Life Changes (TLC), a company that sells vitamins and supplements for weight loss and increased energy. Some women filed class action lawsuits against TLC.

In the lawsuit Friday v. Total Life Changes, a woman started drinking the TLC Raspberry Lemonade Iaso Tea daily to get healthy. After she was injured at her job, she underwent a drug test for her worker’s compensation claim and was fired after she tested positive for marijuana. She blamed the tea, and TLC, for her failed drug test.

In the lawsuit Williams v. Total Life Changes, a woman with a job in the nuclear industry that required federal clearance was called for a random drug test four days after she started drinking the TLC Raspberry Lemonade Iaso Tea. She blamed the tea for testing positive for marijuana, being fired, and losing her federal clearance.

In May 2021, Channel 9 reported that “eleven people from seven states” had reached out to them to share their experience after drinking Raspberry Lemonade Iaso Tea from TLC. Channel 9 also reported that “lawsuits are expanding against the company. One of the lawsuits against the company has grown to 19 plaintiffs.”

TLC’s Raspberry Lemonade Iaso Tea contains “hemp extract” but 0.0 percent THC, according to its packaging, so Channel 9 had samples of the tea tested and found trace amounts of THC, enough for someone to fail a drug test, especially with repeated consumption of the tea causing metabolites to build up in a person’s system.

In July 2021, Channel 9 questioned TLC CEO Jack Fallon about the findings and asked if he knew trace amounts of THC were in the tea. “No. We use third party manufacturers all over the world. We trusted them and obviously we got let down in some of these instances,” he said, adding that TLC stopped working with one manufacturer.

The 2021 Quest Diagnostics Drug Testing Index™ Analysis, the first large-scale national analysis of workforce drug testing during the Coronavirus (COVID-19) pandemic, found that marijuana workforce drug test positivity continued double-digit increases to keep the overall workforce drug test positivity rates at historically high levels.

Based on more than 9 million drug tests in 2020, the analysis from Quest Diagnostics found marijuana positivity surged 118.2 percent in states with legal recreational use statutes. In states with only medical marijuana statutes, marijuana positivity increased 68.4 percent. In states with no marijuana statutes, positives rose 57.9 percent.

The marijuana positivity rate in the general U.S. workforce was 3.6 percent in 2020, a 16 percent increase from 3.1 percent in 2019 and a 44 percent increase from 2.5 percent in 2016. The positivity rate in the federally mandated, safety-sensitive workforce was 0.79 percent in 2020, a 10.2 percent decrease from 0.88 percent in 2019.

Employment Screening Resources® (ESR) – a leading global background check provider that was ranked the #1 screening firm by HRO Today in 2020 – provides legally compliant pre- and post-employment drug testing with access to more than 10,000 collection facilities. To learn more about ESR, visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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