The Hershey Co. has filed a trademark suit against an edible marijuana company for selling weed-infused snacks with packaging that mimics some of Hershey’s signature candies.
In the lawsuit, filed last week in U.S. District Court in Denver, Hershey claims that the Colorado-based medical marijuana manufacturer Tincture Belle is selling products that look suspiciously like its Reese’s, Heath, Almond Joy and York Peppermint Pattie brands.
Not only are the products packaged in similar colors as the Hershey originals, the candy-making giant contends, their names are also reminiscent of their analogs: Hashees, Hasheath, Ganja Joy and Dabby Patty.
Hershey says that the packaging is not only a clear trademark violation, but also a safety risk to consumers — especially children — “who may not distinguish between Hershey’s candy products and defendants’ cannabis- and/or tetrahydrocannabinol-based products.”
Although recreational and medicinal marijuana sales are legal in Colorado, the burgeoning edible pot industry has raised some safety concerns.
In April, a Denver teen plunged off a balcony after eating six times the recommended amount of a marijuana brownie. And another man was accused of killing his wife in a hallucinatory episode after eating marijuana candy and rolling a joint, according to CBS News.
New York Times columnist Maureen Dowd’s own encounter with a caramel-chocolate flavored candy bar prompted her to argue in her column for greater regulation of the edibles industry.
According to Tincture Belle, their pot products are gluten-free, vegan, sugar-free, GMO-free and peanut-free — although they do come with a hint of imitation.