The national debate on the legalization of cannabis is heating up. In the recent past, we’ve seen the cannabis industry boom, with cannabis edibles taking off in the US. Now that the US has legalized the recreational use of marijuana, there is more attention being focused on the cannabis industry. In fact, the use of edibles has grown even faster than flower, which is interesting considering the fact that most states permit edibles in limited amounts, but not all.
Cannabis-infused edibles have expanded beyond the world of weed in recent years, with a number of mainstream brands starting to enter the market. But a number of the industry’s giants, including Ferrero, Mars, and Cadbury, are taking legal action against cannabis-infused brands, and even suing them. This is the first time these big companies have come out against edible brands, and cannabis industry lawyers say it’s a sign the industry is getting more mainstream.
It was only a matter of time before the big candy companies started to take action against the cannabis edibles brand market, which is why news just broke that Brach’s and Mars have filed a joint legal action against the makers of popular cannabis-infused edibles under a trademark infringement claim. The joint legal action is focused on the manufacturers of the well known and beloved strain of chocolate bars, dubbed “Starbuds”, which the two candy companies claim is a strong resemblance of their trademarked “Starburst” bars.
While flower is still king in the cannabis world, edibles are quickly emerging as one of the most sought-after products on the market today, and will account for about 23% of total sales by 2020. These statistics apply to both licit and illicit areas. My own experience is that edibles are even more popular in states with strict cannabis regulations, where it is much harder to find diverse, more modern products like concentrates.
Edibles are a fun and discreet way to consume cannabis, but when the packaging of high-THC products starts to look so much like store-bought candy that adults and children regularly mix them up, we have a serious problem. It’s not just a security issue, it’s a trademark violation? A number of well-known candy manufacturers, such as Wrigley and Hershey, have filed lawsuits against cannabis companies over these cannabis-like treats. 
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Deeply disturbed
The fight against consumer cannabis products has found unlikely support in the candy industry. Although it has been denounced by health advocates as a major cause of diabetes and heart disease, a growing number of household brands such as Mars Inc, Wrigley Jr. Company, Hershey, Mondelez International and Ferrara Candy Company, are litigating to protect their brands – and our children, they say. In May, a lawsuit was filed against several companies that packaged THC-rich smoke blends in the form of Skittles, Starbursts, Reese’s Peanut Butter Cups, Nerds Ropes, Lifesavers, and so on. Although the lawsuit is primarily focused on intellectual property rights, it also mentions the increasing number of people, especially children, who accidentally consume these products and mistake them for ordinary candy. A Mars Inc. spokeswoman said the company is very concerned about these products, which occur. On the left, there are real Lifesavers candies. On the right, the similar brand Medicated 
According to the latest data from poison centers across the country, this is a growing trend. For example, in Washington State, 122 cases of THC exposure were reported in children under the age of 5 in the first 9 months of 2020. In Colorado, the Antivenom Center received 163 such calls. The lawsuit revealed brands such as Stoner Patch Dummies, The Worlds Dankest Gushers, Gasheads Xtremes Sourfuls, Trips Ahoy, Buttafingazzz and Caribo Happy Cola. The situation is becoming more dire, said Christopher Gindlesperger, spokesman for the National Confectioners Association, a Washington-based trade organization with 350 members, including Mars Inc, Hershey’s, Ferrara and Mondelez. Cannabis companies cannot and should not disparage existing brands at will. This creates confusion for the consumer. These lawsuits are not the first and certainly not the last. So far they have all been settled out of court: Cannabis companies have agreed to change the packaging or completely cease production and sale of these products.
Full freedom of action
Cannabis is popular for a variety of reasons, but one thing I have noticed is that cannabis use is not condemned as much as smoking weed, perhaps because they are discreet. A few years ago, the best you could find were cakes and cookies that tasted fairly unrefined, which meant you could always taste the cannabis in them, as they were often made from the whole plant. Now that there is a wide selection of high quality edibles with compounds from cannabis, it is much easier to compare edibles to fine wine, while smoking weed is still preferred by the less progressive (old-school) stoners among us. Edibles, vapes, concentrates and other new market products often contain more cannabinoids and terpenes and fewer harmful pollutants than those found on the street. In addition, the high-quality packaging and wide variety of products for sale add to the pleasure of consuming cannabis in this way. It’s much easier to get high when you can get chocolate, dried meat, chips or cannabinoid-rich spreads. You can travel with them and use them almost anywhere. On the left side are real Sour Patch candies. Right, a brand similar to Stoney Patch. 
Edible food is easy. They’re portable. You don’t have to find a place to sit and smoke, says Sean Arnold, founder of Terradigm Consulting, which advises cannabis companies on licensing, infrastructure and product development. According to Surfside, a New York-based company that analyzes cannabis data, their affordability and latitude make them the fastest growing category of cannabis. Surfside estimates that cannabis market growth has been 29% higher than the rest of the cannabis market over the past three months. One of the drawbacks of all this discretion is who benefits from it. A few decades ago, a teenager who wanted to get high had to find a place where no one could see, hear or smell his marijuana – which was sometimes quite difficult….. especially if you smoked fire. It’s much easier for a teenager to settle for candy and dye packaged to look like all the big brands, than to have fun with a joint, a bowl, a blunt, or other smoking devices. This obviously raises questions about the safety and availability of smoking mixtures for teenagers and young children, which do not seem to have been taken into account at the outset.
Lack of rules in some markets
Wykowski said violations that might have gone unnoticed in the past by big companies like Mars or Hershey’s are now on their radar because cannabis is big business. He teaches a course on cannabis law at UCLA’s Hastings College of Law, and one of the topics he covers is how to navigate the law on similar products. Five or 10 years ago, when cannabis was just starting to gain ground, it was a joke to have something like Cap’n Punch, flakes with drugs added, Wyckowski said. But the industry has matured, and people who know what they’re doing don’t exhibit that kind of behavior anymore. On top, there are special real Nerds Ropes candies. On the bottom is a branded drug analogue 
But still: All these rules apply only to legally valid contracts. In states where cannabis is still prohibited, there is absolutely no way to control what the user achieves. Sometimes there are obvious signs, like. B. the use of the word candy instead of candy, or small leaves of grass randomly placed on the package, but these signs are only obvious to adults. A child will not pay attention to all these differences, and if they can easily reach the packaging, they will definitely eat these foods. It’s also a liability for legitimate candy manufacturers, whose brands can easily be damaged by people who don’t want anything in their house that could be misinterpreted as cannabinoids. According to Nancy J. K. Koch, a New York-based trademark and trademark attorney. Merzel, copyright laws exist to protect three basic aspects of candy: appearance, name and packaging. Take Hershey’s Kisses, for example, says Mrs. Merzel. You have the name Kisses, which is trademarked, the shape of the candy itself, which is both trademarked and trademarked, and the packaging, which is copyrighted. Ms. Merzel is representing the Wrigley brand in this lawsuit. I certainly understand Wrigley’s concerns about third-party use of its intellectual property, and those concerns are all the greater when it comes to a product that children should not have, Merzel said.
Childrens lock
When it comes to regulating cannabis edibles, most people’s first priority is to keep toxins out of the reach of children. According to Andrew Brisbo, executive director of the Michigan Marijuana Regulatory Authority, with occasional use, infusion comes first; a young person will not accidentally smoke a marijuana cigarette. When people become overly intoxicated with cannabinoids, it can usually be attributed to one of two causes: overuse or unintentional use (or a combination of both). Due to the slow action of incense mixtures, overdosing may occur. It can take an hour for them to take effect, and some people don’t know that, or they get impatient, eat more, and then get a much stronger effect than they expected. Unintentional use can happen to anyone, says Dr. Gillian Schauer, a public health and policy consultant who specializes in cannabis law. But it is children who are particularly affected, as they may confuse cannabis edibles with other edibles, with most edibles resembling candy, cookies or pastries. I personally have seen many products that look almost exactly like store-bought candy. A child’s untrained eye (or even an adult’s inattentive eye) cannot tell the difference. Supplements often have much higher concentrations of THC than the flower, and marijuana once ingested can have a stronger and longer-lasting effect. Worse, the children have complications due to their size and weight. Many young children who use marijuana require hospitalization due to the severity of their symptoms.
Final thoughts
There are two key findings here that the company says are problematic for the candy company. First and foremost, it’s about protecting your brands and your pockets. When people are afraid to have candy in the house for fear of being mistaken for cannabinoids, the big brands start losing money. Second, to make these claims more memorable and more likely to be proven in court, they cite poison control statistics showing that children are more likely to accidentally ingest cannabis through edibles. Let’s face it: Candy manufacturers don’t care about the health and well-being of our children; if they did, they wouldn’t be advertising these chemical products that are full of preservatives, dyes and corn syrup. They care about their profits, so all cannabis companies that sell edibles should be wary.
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