I, like many others, am a huge fan of candy. I love the sweet taste of chocolate, the fun of eating a Reese’s Peanut Butter Cup, the excitement of opening a package of Sour Patch Kids, and the simple satisfaction of biting into a piece of candy.  I also enjoy marijuana, and I love that it can help me with my pain, appetite, mood, and more.  But I also love cannabis candy. I love the little bits of color and berry that make up a Mango Kush or a Strawberry Banana Kush, the happiness that comes with biting into a sweet and tart Sour Diesel, and the peacefulness that comes with eating a piece of edible that is made for adults, and tastes amazing.

If you’re a candy company and looking to cut down on your supply costs, you might think candy packaging is the place to start. After all, candy packaging accounts for a lot of the costs of producing the product. However, according to The Cannabist.com, that usually isn’t the case. In fact, most of the cannabis candy packaging they’ve seen is much more robust than other candy.

Imagine picking up a pack of Sour Patch Kids from a friend’s house ….. Only it turns out that these are not the originals, the taste is a bit strange and there is cannabis in them. In addition to Sour Patch Kids, Nerds, Oreos, Froot Loops, Fritos and other popular treats have fallen victim to missteps by cannabis companies. Although some of these counterfeiters have been creative in manipulating the original packaging of cannabis products, problems arise because children may not be able to distinguish the original from the counterfeit. The drugs are intentionally packaged so that they don’t look like candy to avoid attracting children, because that’s dangerous! So why is there no similar standard for cannabis? In addition, the design of the packaging is clearly riddled, which ultimately amounts to theft of intellectual property.

What are those fake sweets?

Counterfeit cannabis candies and sweets can be explained as cannabis products that are packaged to resemble a pre-existing, well-known candy. To better understand, let’s take a look at this list of examples, where first is the name of the original candy, and then the name of the imitation cannabis candy.

  • Sour Patch Kids – Stoner Patch Dummies or Stoney Patch
  • Starburst – Cannaburst
  • Sir, I want to thank you for your support. Goodbar is Mr. Dunkable.
  • KitKat – Keefkat
  • Nerds Rope – Medical Nerds Rope
  • Oreos, Fruit Loops and Lucky Charms granola bars – Grain Killer
  • Chili Cheese Fritos (but with a small triangle at the bottom indicating the THC content).

As you can see, most of the fake packaging is made of candy. As creative and fun as the product names are, it is dangerous to make cannabis look anything like these products, especially to children. Therefore, let’s first look at the dangers of these fake cannabis products.

Hazard to children

CBC News published an article about how cannabis enthusiasts are poisoning children. They quoted Dr Jane Pegg, who said: I was so shocked and appalled by this ….. The packaging was almost identical to the gum sold in stores as candy. Other media outlets share these concerns, saying that labeling food as candy poses a public danger to children. Dr Kent Harshbarger said these counterfeits are a concern because young people can have difficulty telling the difference between THC-infused food and real food – especially children who can’t read but recognize familiar packaging. This makes sense, as these imitations use the same colors, fonts and basic design as the original candy. The CBC’s personal account of Pegg’s experience, for example, captures the essence of the problem loud and clear. A two-year-old boy went to the emergency room after eating his grandfather’s arthritis candy. A young boy ate a package of candy that was meant to be Sour Patch Kids, but ended up poisoning himself. CBC reported that when the boy was admitted to the hospital, he was not moving and had difficulty breathing, but was released from the hospital the next day. CBC News explains that children admitted to hospital in such circumstances should be examined from head to toe (figuratively speaking) for palpitations, possible seizures and proper breathing. word-image-3106

Big Candy is not happy

Intellectual property is interpreted as creations of the mind, such as. B. Inventions, literary and artistic works, designs and symbols, names and images used in commerce – essentially all aspects relating to confectionery or branded confectionery. For example, the Nerds product is protected by intellectual property. Therefore, copying and distributing a similar aspect of the product is illegal and against the law. CBC News reports that the websites they sell are part of a huge, illegal market that operates openly under the noses of government and law enforcement. The Hustle explains that Wrigley Jr Company, which is owned by Mars Inc, has filed numerous lawsuits against various companies whose packaging is too similar to Skittles, Starburst and Life Savers. Therefore, candy manufacturers file complaints and lawsuits against companies that produce counterfeit candy. In addition, Ferrara Candy Company has sued a California delivery service for deceptive products, and Hershey Company and Mondelez International have taken similar action following similar complaints. Understandably, these candy manufacturers don’t want their products mistaken for cannabinoids because it creates an association between the counterfeit and the original, leading to accidents like the one with Pegg’s patient, and because it violates the candy manufacturers’ intellectual property rights. However, CBC News reports that there are at least 1,100 illegal websites in Canada alone, and while police are successfully shutting down some of them, the problem is bigger than they can handle.

Some form of regulation is required

Chief Mike Serr of the Abbotsford (B.C.) Police Department said he wished he had a better term, but it’s actually very well described, and when they shoot one and get rid of it, four more appear. It’s not clear if this is the case in America, but Pegg and Trina Fraser have their own opinions on the matter. Ms. Pegg stated that she does not know why the companies that sell these products are not shut down, fined or sued. For example, CBC News reported that, according to attorney Trina Fraser, these sites operate in a rather blatant manner. In addition, Ms. Fraser stated that she believes there will be a legal battle over who is responsible because these enforcement actions cost money and someone has to pay the costs. But it should also be noted that these are not bona fide companies using these stolen candy designs to promote legal cannabis products. One of the prohibitions of the cannabis industry is that illegal operators sell their products in large Mylar packages that can be purchased on popular websites like Amazon. So removing these channels might be a good start. The cannabis industry has the potential to be a force to be reckoned with when it comes to revolutionizing medical treatments and therapies, but it is the illegal actions of these wannabees that set the industry back, create negative associations and experiences, and put the health of our youth at risk. It is time for the authorities to step in, decide who is responsible and take action. Without regulatory infrastructure, these cases will only increase. word-image-9051 Chane Ley, aka Button Fairy, is a South African cannabis advocate and enthusiast with an infectious personality and a great love of travel. She loves to educate people and challenge standards.

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