Hershey reaches settlement in trademark suit against pot edibles company
A marijuana edibles manufacturer has agreed to recall and destroy all of its products that share a resemblance to products produced by the Hershey Company
A marijuana edibles manufacturer has agreed to recall and destroy all of its products that share a resemblance to products produced by the Hershey Company as part of a settlement the parties agreed upon in September.
Hershey filed a trademark lawsuit in June against TinctureBelle LLC and TinctureBelle Marijuanka LLC, arguing the product and packaging of the company’s Hashees, Ganja Joy, Hasheath and Dabby Patty marijuana edibles resembled the chocolate manufacturer’s iconic Reese’s, Almond Joy, Heath and York peppermint patty brands.
In court documents, Hershey said the company’s knock-off products took advantage of the popularity of the chocolate manufacturer’s famed brands to increase sales and draw attention to their cannabis candy products. By doing this, Hershey argued the company created confusion in consumers’ minds that could warp the perception of its brands and present a safety risk to children.
According to the Denver Post, TinctureBelle agreed to recall and destroy the products that looked like Hershey’s brand chocolates, in addition to refraining from using product names like Hashees or packaging incorporating the colors brown, yellow and orange that too closely resembles the Reese’s brand.
The news agency said TinctureBelle never admitted to or denied the allegations against it.
But some would like to bring the shelf life of marijuana edibles to an end.
Last week, the Associated Press reported officials in Colorado sought a ban on many forms of cannabis-infused products such as brownies, cookies and candy. The news agency said representatives from the state Department of Public Health and Environment addressed marijuana regulators citing problems with the products’ attractiveness to children. However, once the news of these discussions reached the public, officials backed down from their position.
Colorado became the first state to allow the sale of retail marijuana in January after the passing of Amendment 64 in 2012.
As per the amendment, adults 21 and over can purchase marijuana at licensed stores and possess as much as one ounce of marijuana.
Soon after the measure was passed, stores began to sell marijuana, both in its natural plant form and in edible food products.
Because the primary psychoactive constituent of cannabis, tetrahydrocannabinol (THC), can be extracted for use as a food additive, the manufacturing and safety of retail edible products was soon a focus of concern.
Any establishment that manufactures or sells edible cannabis products is subject to the same food regulations as any other restaurant or food facility.
But food safety has been a problem. According to an article in the Denver Post published in August, there were at least 237 critical violations at 107 Denver marijuana facilities since the law went into effect in January.