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8| COA Irregularities — Evidence — Consumer Warning
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Certificate of Analysis Irregularities
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Fact: Certificates of Analysis were outdated, misapplied to different product lots, or adjusted to create the appearance of regulatory compliance.
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What Was Found
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Examination of the COAs provided by Nutrition Excellence LLC revealed the following issues:
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Outdated certificates: Some COAs on file predated the product lots they were associated with, or had expired under state testing requirements.
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Misapplied COAs: Certificates referencing one formulation or product lot were used to represent different products.
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Apparent adjustments: Inconsistencies between COA data and actual product contents as represented on labels, particularly regarding CBD content in North Dakota-labeled products.
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Original laboratory reports have been requested from the Minnesota Office of Cannabis Management and the North Dakota Department of Agriculture as part of the pending regulatory proceedings.
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Applicable Standard
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North Dakota law requires hemp-derived products to be tested in accordance with NDCC 4.1-18.1-04.4, including accurate representation of cannabinoid content on certificates of analysis.
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Regulatory Action
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COA-related allegations have been included in complaints addressed to: