Marijuana company sued by Hershey over edibles says it’s a ‘misunderstanding’

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COLORADO SPRINGS, Colo. — TinctureBelle says the lawsuit filed by the Hershey Co. alleging the Colorado Springs-based company makes pot-infused candies that closely resemble the famous chocolate maker’s brands is a “misunderstanding” and the family-run company has yet to be served with papers.

“The lawsuit from Hershey came as a huge surprise to us because we changed our entire label line approximately six months ago, long before these allegations surfaced last week,” TinctureBelle President Char Mayes said. “Our new packaging looks nothing like Hershey’s or anyone else’s.”

TinctureBelle said Hershey did not contact it before filing the lawsuit.

“The first we heard of it was from a reporter, who called (June 5) for a comment on Hershey’s lawsuit,” Mayes said.  “We were unable to comment because that was the first we had heard of the suit.  We have yet to be served.”

The federal trademark infringement lawsuit was filed two weeks ago in Denver. It claims the edibles company makes products called Ganja Joy, Hasheath, Hashees and Dabby Patty that mimic Hershey’s Almond Joy, Heath, Reese’s peanut butter cups and York peppermint patty.

The lawsuit says TinctureBelle’s products are packaged in colors matching Hershey’s famous treats. Hershey wants a judge to order TinctureBelle to stop selling its products.

“The suggestion made by some media reports that our products are available to children, and even sold side-by-side with Hershey products, is dumbfounding and shows a profound lack of awareness of how infused cannabis products are regulated, manufactured and sold under Colorado’s strict regulatory regime,” Mayes said.

“The lawsuit from Hershey has absolutely nothing to do with our current line of quality products. TinctureBelle will continue to operate and to serve our community.  We hope this issue/misunderstanding with Hershey can be resolved as quickly as possible.”