Hershey sues Colorado edible pot company
DENVER (AP) — The Hershey Co. has sued a Colorado marijuana edibles maker, claiming it makes four pot-infused candies that too closely resemble iconic products of the chocolate maker.
The trademark infringement lawsuit was filed in U.S. District Court in Denver this week against TinctureBelle LLC and TinctureBelle Marijuanka LLC.
It alleges TinctureBelle’s Ganja Joy, Hasheath, Hashees and Dabby Patty mimic Hershey’s Almond Joy, Heath, Reese’s peanut butter cups and York peppermint patty candies, respectively.
TinctureBelle did not immediately return messages seeking comment. The Denver Business Journal first reported about the lawsuit filed Tuesday.
The company’s website says its products, which include lotions and balms, are “diabetic safe and delicious” and helpful with a variety of issues, including pain, headaches and insomnia.
The edibles are sold in Colorado’s legal pot shops and medical marijuana dispensaries.
Pennsylvania-based Hershey says TinctureBelle products are packaged in a way that will confuse consumers, including children. Hershey’s suit says TinctureBelle “creates a genuine safety risk with regard to consumers” who may inadvertently eat them thinking they are ordinary chocolate candy.
The lawsuit was filed as Colorado lawmakers look to tighten safety regulations for largely unmonitored marijuana snacks that can be indistinguishable from regular candies and baked goods.
Parents and doctors have said some children are eating the highly potent gummy bears, cookies, brownies and other items by mistake, sending them to hospitals in increasing numbers.
Hershey wants a judge to order TinctureBelle to stop selling the items. It is also seeking damages.
Morgan has surgery, recovering after crash
TRENTON, N.J. (AP) — Tracy Morgan was recovering Sunday, but was expected to remain hospitalized for several weeks after having surgery on a broken leg suffered in a deadly chain-reaction crash on the New Jersey Turnpike that left two others critically injured and another man dead.
The 45-year-old actor and comedian, a former “Saturday Night Live” and “30 Rock” cast member, remained in critical condition but was “more responsive” Sunday after having surgery for a broken leg, said Morgan’s spokesman, Lewis Kay.
Kay said that Morgan also sustained a broken femur, broken nose and several broken ribs and is expected to remain hospitalized for “several weeks.” He said that Morgan’s family is “tremendously overwhelmed and appreciative of the outpouring of love and support from his fans.”
A Wal-Mart truck driver from Georgia was charged with death by auto and four counts of assault by auto. Authorities said 35-year-old Kevin Roper, of Jonesboro, apparently failed to slow for traffic ahead early Saturday in Cranbury Township and swerved at the last minute to avoid a crash. Instead, his big rig smashed into the back of Morgan’s chauffeured Mercedes limo bus, killing comedian James “Jimmy Mack” McNair, authorities said.
Also critically injured were Morgan’s assistant, Jeffrey Millea, 36, of Shelton, Connecticut, and comedian Ardie Fuqua Jr., 43, of Jersey City. They remained in critical condition Sunday evening, said Zenaida Mendez, a spokeswoman for Robert Wood Johnson Hospital in New Brunswick. Another passenger, comic Harris Stanton, was treated and released.
Tyrone Gale, who was driving the limo bus, told ABC News that he was disoriented after the vehicle flipped over and could hear Morgan yelling for help.