Hershey’s sues Colorado pot edibles maker

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TinctureBelle's "Hashees" Photo from Pinterest

TinctureBelle’s “Hashees” Photo from Pinterest

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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.

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