Hershey’s sues Colorado pot edibles maker

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DENVER -- Hershey is suing a marijuana edibles company in Colorado that makes some pot-infused candies.

The famous chocolate maker says TinctureBelle LLC and TinctureBelle Marijuanka LLC makes products that closely resemble Hershey's iconic candies.

The federal trademark infringement lawsuit was filed last week 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 suit 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.

Hershey issued this statement on Monday saying, “These unauthorized uses of Hershey's trademarks also make the products more appealing to children."

"I am a bit concerned about how much it actually looks like real candy," said mother Kristi Ring.  She said marijuana edibles really haven’t been on her radar yet, since her daughter is just 11 months old.

According to Children’s Hospital, that is the age group they’re seeing come into the ER after an accidental overdose.

"The most common age group that we're seeing is the young ones, the toddler age, you know, 1, 2, 3 years old," Dr. George Wang said.

Wang said last year the hospital treated eight kids in the ER for marijuana overdose. So far this year, they’ve already treated 10 and six of those were admitted to ICU.

“Oh boy! That just sounds like the worst nightmare,” said father Mark Neeper.

He said his 2-year-old isn’t at the age where he’s asking or talking about marijuana, but agrees the packaging for TinctureBelle’s products are too close to the original.

“Perhaps it would be like if there was a soft drink that looked like a Budweiser," Neeper said.

Mason Ricard’s 9-year-old twins are asking about marijuana, so he used this opportunity to teach a lesson.

"That’s the problem. You get confused. You might grab something that’s wrapped like that and it’s actually an edible and you could consume it and be sick,” Ricard said.

FOX31 Denver reached out to TinctureBelle for comment. Their website has been taken down and their phone is going to a generic voicemail.



  • June

    I have to say that I used to be SO proud to tell people that I was from Colorado and used to listen to them say how beautiful and wonderful my state was. Now I never mention it because it seems CO has become the laughing stock of the country over this stupid marijuana legalization. Kids getting taken to the emergency room because of eating pot infused candy that their stone head parents and grandparents leave around, Things like Hershey having to sue the ignorant candy making people and causing CO yet again to hit the national news. I was born and raised here and sometimes I think about moving to AZ or TX.

    • quickdraw53

      i agree with you june. we live in a second class state now. it will continue to bring the low lifes in here just so they can smoke their drug they can’t live with out. states are going to sue for all the extra cost it brings to them. read the 7 myths about marajuana. potheads hate that article because it speaks the truth. potheads try to attack me and all i do is send them one of about 20 studies and tests that have been done on pot. so june you and i are right and they lied to get it legal in colorado

    • Iknowmoreaboutpotthanyoudo

      It’s not about the narrow minded thinking of “it’s just a plant”. In the big picture, in the real world, the consequences are much farther reaching. It’s already happening, and the smokers, the ones who are giving in to their infantile need to alter their state of minds, apparently only care about themselves. Otherwise, more time would have been allowed for planning and implementation. Now go ahead, talk your trash, but it doesn’t change what’s really going on outside your little worlds.

  • Harold Seaward

    Are these children obtaining this candy from the pot shops? Or are stupid, irresponsible parents leaving it where children can get to it? Again, the problem isn’t pot, (or guns), the problem is stupid people.

  • Bolivar Shagnasty

    To all the Taxpayers who voted for Amendment 64;

    If you recall, just recently Governor Hickenlooper as well as the Denver Police Department petitioned for more tax revenue to combat just such a thing….
    Now, as a taxpayer, I want to know where EXACTLY where the funds are going that were earmarked to the “programs” of preventing this sort of marketing mistake.
    The trouble with funding for “programs” is that money tends to disappear to things that it was not voted to be used for.
    This is KDVR’s site…they’re “reporters”. Get out there and report as to where my tax money is going. Hershey’s should not have to fight this, I’m paying to prevent it!!!

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