Nebraska AG Takes Blunt Approach to Nipping Deceptive THC Marketing in the Bud

  • Nebraska AG Mike Hilgers filed a series of coordinated lawsuits against a number of retailers selling edible THC-containing products in the state alleging that the retailers have violated Nebraska’s consumer protection statutes by deceptively mislabeling dangerous products that pose a threat to children.
  • In the lawsuits, AG Hilgers alleges that the retailers deceptively mislabeled THC-containing products to mimic food products that are regularly marketed to children, which could lead to inadvertent consumption of THC-containing products by children or facilitate deception by children who may misrepresent the contents of products to parents, teachers, or law enforcement. He also alleges that the retailers misled consumers into believing that consumption of THC-containing products is safe when it actually poses the risk of serious side effects.
  • The lawsuits seek civil penalties and injunctive relief. In conjunction with the filing of the lawsuits, AG Hilgers also released a consumer warning and online video on the potential dangers of THC-containing products.
  • We recently covered cease-and-desist letters sent by the FTC and the FDA to companies selling edible THC-containing products requesting that they cease marketing products that mimic snack foods appealing to children.