Nerds candymaker files suit against California cannabis firm

Just Released! Get realistic market forecasts, state-by-state insights and benchmarks with the new 2024 MJBiz Factbook member program, now with quarterly updates. Make informed decisions.

Chicago-based Ferrara Candy Co. filed suit in a federal court against California-based Tops Cannabis, alleging the delivery company has been peddling marijuana-infused parodies of its popular Nerds brand and is infringing on its trademark.

According to Law360, Tops Cannabis has allegedly been selling – but not manufacturing – the parodied product, which has been marketed as “Medicated Nerds Rope.”

The legal news outlet also reported that confusion over the product has led to multiple children ingesting the THC-infused candies.

The candies in question are also reportedly in violation of California marijuana edibles potency limits, since the packages contain 500 milligrams of THC and the state limit for edibles is 100 milligrams per package.

The lawsuit contends that the product represents a “genuine consumer safety risk” and requests an injunction prohibiting further sales of the product.

A Tops Cannabis spokesperson did not immediately respond to a request for comment on Thursday, according to Law360.

The suit is the latest in a string of cases filed by longtime candy companies against edibles producers in various states.

In Florida last year, the manufacturers of Sour Patch Kids candies, Mondelez Canada, sued retailers for selling THC-infused edibles dubbed “Stoney Patch Kids,” Law360 reported.

Before that, the Hershey Co., producer of some of the world’s most famous chocolates, filed suit against at least two cannabis companies, alleging similar trademark violations.