COLORADO SPRINGS, Colo. (CBS4) — Hashees. Hasheath. And Dabby Patty.
They are all marijuana-infused candies being manufactured in Colorado that have had a striking resemblance in name and packaging to more traditional chocolate bars.
Hershey Co. decided their look is too close to their popular treats, so they filed a lawsuit last week for trademark infringement.
The suit is being filed against Tincturbelle, the Colorado Springs-based company that makes the candy.
In their 22 page complaint, Hershey’s representation states that the pot candy bars are “Knock-offs of Hershey’s famous” products and that Tincturbelle is using their look “to increase sales of defendants’ cannabis and THC candy products” while at the same time “confusing consumers as to the source of their products.”
Hershey says children “may not distinguish between Hershey’s candy products and defendants’ cannabis or THC based products.”
Last month doctors at Children’s Hospital in Aurora said edibles’ possible exposure to children is a growing concern.
“If you leave it out on the counter there’s no way a child’s going to know the difference,” Dr. George Wang told CBS4 in May.
The number of children who have been treated for ingesting pot since Jan. 1 when recreational marijuana sales became legal has already surpassed last year’s total.
“More of it in the household usually equals more accidental, unintentional exposures,” said Wang.
A representative for Tincturbelle couldn’t be reached for comment on the lawsuit, but a CBS4 crew found that at a local dispensary the company’s candy already has a new look. The names are the same but the packaging is changed.
In the lawsuit Hershey is asking for an injuction, as well as compensation for any damages.