The candy maker stated that the products created and distributed by TinctureBelle not only infringe on Hershey's products, but also create a safety hazard for children and unknowing consumers who might confuse the two products and mistakenly ingest marijuana.
The four products in question, TinctureBelle's Ganja Joy, Hasheath, Hashees and Dabby Patty, effectively copy the labeling, style, and appearance of Hershey's Almond Joy, Heath, Reese's Peanut Butter Cups, and York Peppermint Patties.
The Hershey Co. alleges that the products are so similar that TinctureBelle's products "create a genuine safety risk with regard to consumers" who could accidentally think they are eating a Hershey's product, when in fact they are consuming a candy infused with marijuana.
TinctureBelle's products are available at Colorado's medical marijuana dispensaries and recreational retailers.
The Hershey Co. seeks injunctive relief preventing TinctureBelle from creating and distributing the products, in addition to monetary damages.
Driving while intoxicated as a result of marijuana consumption has become an increasing problem in Colorado since the passage of various laws allowing both medical and recreational use of the drug.
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