Marijuana companies' THC edibles mimicking candy favorites aimed at kids, confectionery lawsuits allege

A recent lawsuit over THC-laced edibles and packaging raises the question whether cannabis companies are aiming to draw in adolescents as a possible market. 

The Wm. Wrigley Jr. Company, owned by candy mogul Mars Inc., filed lawsuits in May against five companies for selling cannabis-infused edibles that look like common candy products, including Skittles, Starburst and Life Savers. 

The lawsuits focus on image and intellectual property rights, but they also raised concerns about child safety.

A Mars Inc. spokeswoman told the New York Times the company is "deeply disturbed" by the products. Other candy companies, including the Hershey Company, Mondelez International and Ferrara Candy Company, have filed lawsuits in recent years, with most settled – usually with the smaller companies agreeing to halt production and sales of the offending products. 

"The situation has become more and more egregious," said Christopher Gindlesperger, a spokesman for the National Confectioners Association. "The cannabis companies cannot and should not be allowed to tarnish existing brands at will. It creates consumer confusion." 

Reports this year detail hundreds of cases in which children accidentally ingested THC-laced products. A Washington Post article cited incidents, including a 12-year-old in New Jersey who went to hospital after eating a large quantity of what looked like Skittles and a 3-year-old who needed emergency medical help after eating what looked like Nerds Rope but was laced with THC. 

Poison control centers across the country reported around 554 cases of calls concerning children and accidental THC consumption, with about 400 of those cases about children 5 or younger.  

More states have adopted legislation that legalizes the sale and use of cannabis and THC-laced products – 18, including New York, and with Alabama most recently joining the list, according to the New York Times.