The suits claim that certain hemp products are being deceptively marketed by several named businesses selling the products in 10 counties in Nebraska. The Attorney General alleges that the manner of marketing of the targeted products is “likely to attract consumption by children,” claiming that many of these products are designed to resemble Nerds candy, Fritos, Rice Krispies Treats, and Cheetos. The Attorney General also notes that the products fail to identify the THC concentration or other compounds found in the products and that many of the products are mislabeled and untested.
The 2018 federal Farm Bill legalized hemp products containing 0.3% or less delta-9 THC; however, because the law did not address delta-9 or delta-10, it created a loophole that led to a boom in the market for marijuana-adjacent products, including delta-8 and similar products. The suits also allege that several of the retailers sued did not require customers to show an ID in order to purchase products. If successful, the lawsuit will force retailers to stop selling products that are improperly labeled or whose contents are not listed and will prohibit selling products that are marketed toward children.
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