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A Colorado marijuana edibles manufacturer has been sued by the Hershey Co., according to the Daily Mail. The lawsuit claims that the company makes four pot-infused candies that resemble Hershey products too closely. The lawsuit, for trademark infringement, was filed in U.S. District Court in Denver. It names TinctureBelle LLC and TinctureBelle Marijuanka LLC as the defendants.
The lawsuit claims that the Ganga Joy, Hashees, Hasheath and Dabby Patty from TinctureBelle resemble the Almond Joy, Reese’s peanut butter cups, Heath and York peppermint patty candies. The initial report of the lawsuit was from the Denver Business Journal.
According to the website for the company, the products are ‘diabetic, safe and delicious.’ They help people with headaches, pain and insomnia. The company also offers lotions and balms. The edibles are available for purchase in the legal pot shops of Colorado and at the state’s medical marijuana dispensaries.
The lawsuit filed by Hershey claims that the edibles from TinctureBelle come in packaging that can confuse consumers, especially children. The suit says that TinctureBelle “creates a genuine safety risk with regard to consumers.”
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Doctors and parents claim that children are eating the cookies, gummy bears and brownies by mistake. This has sent them to hospitals in very large numbers. Hershey has asked that a judge order the company to end its sale of the items. Hershey is also looking for damages.
“Individuals and families the world over trust Hershey and its various brands as signifying safe and delicious treats for people of all ages,†the lawsuit says. The Rocky Mountain Poison and Drug Center has received more than two dozen reports of poisoning from marijuana edibles as of the month of April. The reports claim nausea, dizziness and hallucinations. The poison center said that six of the reports involved children who swallowed the edibles, which have been described as looking innocent.
