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.