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Nebraska Attorney General Challenges Sale of Delta-8 THC in Numerous Consumer Protection Lawsuits

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.

About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>