California based cannabis delivery firm Tops Cannabis is facing a legal lawsuit filed against it by Ferrara Candy Co.
According to the suit, the Chicago-based CBD company Ferrara Candy is alleging Tops Cannabis has been peddling marijuana-infused periodics of its popular Nerds brand and infringing on its trademark rights.
A press release by legal news outlet Law360.com states that Tops Cannabis has allegedly been selling even if not manufacturing the periodic product which has been marketed as “Medicated Nerds Rope.”
Ferrara is claiming trademark infringement, unfair competition, and trademark delusion under California’s Lanham Act.
Law360.com also reported that many children have been rushed to emergency rooms after mistakenly ingesting the THC- infused candies due to the confusion over the product.
The said candies are reported to contain 500 milligrams of THC per package, which is a violation of the California marijuana edibles potency limit. The state’s potency limit for edibles is 100 milligrams per package.
The lawsuit contends that the product presents a genuine consumer safety risk and requests an injunction prohibiting further sales of the product.
According to the legal news outlet, there has been no comment from any Top Cannabis spokesperson as of Thursday regarding the lawsuit.
The suit is the latest in a series of cases filed by long-time candy companies against edibles producers in various states.
Law360.com reported that last year in Florida, the manufacturer of Sour Patch Kids Candies, Mondelez Canada, sued retailers for selling for-infused edibles dubbed “Stony Patch Kids.”
Before that, producers of some of the world’s popular chocolates, the Hershey Co., filed a lawsuit against at least two cannabis companies alleging similar trademark violations.
Ferrara is being represented by Scott Leonardoof Pranger Law PC and Philip Barenglots, Jessica A. Ekholff, and Kristine A. Bergman of Pattishall McAuliffe Newbury Hilliard and Geraldson LLP.