Chicago-based Ferrara Candy Co., the maker of the popular candy Nerds, filed suit in a federal court against California-based Tops Cannabis, claiming that the delivery company has been selling a parody THC-infused version of its popular Nerds brand and is infringing on its trademark.
According to Law360, Tops Cannabis allegedly sold a parodied product, called “Medicated Nerds Rope,” but did not in fact manufacture the product. The product also allegedly violates California potency limits, as the packages contain 500mg of THC, and the state limit for edibles is 100mg per package.
“As a result of the resulting confusion between Ferrara’s Nerds Rope candy and the unauthorized THC-infused Medicated Nerds Rope, children have become sick from ingesting the unauthorized THC-infused Medicated Nerds Rope,” the lawsuit reads.
Ferrara is claiming trademark infringement, unfair competition and trademark dilution under California’s Lanham Act. Ferrara is being represented by Scott Lonardo of Pranger Law PC and Phillip Barengolts, Jessica A. Ekhoff and Kristine A. Bergman of Pattishall McAuliffe Newbury Hilliard & Geraldson LLP.
The suit went on to include the debunked theory of children getting into THC-infused candy—a rallying cry that usually comes out each year around Halloween time.
“Even more alarming, there have been multiple reports of children being rushed to emergency rooms after unknowingly consuming THC when they mistakenly ate THC-infused Medicated Nerds Rope,” the lawsuit continues.
Some reports of children getting into cannabis, however, are real. One lawsuit was filed in July 2019, not long after a slew of articles describing Florida elementary school children heading to the hospital after accidentally eating THC-laced gummies in “Stoney Patch” bags. That lawsuit was settled last May, after the sellers agreed to cease operation.
For years, cannabis-infused candy brands have hijacked the logos of popular non-infused candy brands, but usually end up facing litigation.
The Medicated Nerds Rope does not appear on Tops’ website of edible products.
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