Nebraska Attorney General files lawsuits over Delta-8 THC products on store shelves

We know that delta-8 is bad for people. It’s a drug and a chemical.

By Cindy Gonzalez, Nebraska Examiner

Nebraska’s Attorney General announced a “unprecedented action” to protect consumers on Wednesday. He pointed to what he described as dangerous THC products that were mislabeled to look like Nerds or Fritos.

After a month-long investigation, Attorney general Mike Hilgers said that his office had filed lawsuits in at least ten counties throughout the state against retailers alleging violations of consumer laws and deceptive business practices.

He said that his focus was on delta-8 products and that the lawsuits he filed Wednesday were separate from any criminal investigations pending by local law enforcement agencies.

The 2018 Farm Bill which opened the hemp farming industry to all of America set a legal limit for delta-9 THC but did not regulate delta-8. States have struggled with this loophole.

Consumer Warning – THC-Containing Products – YouTube a href=”https://t.co/QdtxQNqFZG”>https://t.co/QdtxQNqFZG/a>. Consumer Warning – THC-Containing Products – YouTube https://t.co/QdtxQNqFZG

— Nebraska Attorney General Mike Hilgers (@NEAttorneyGen) October 25, 2023

Hilgers stated that of the 100 products tested by the Attorney General’s Office, approximately 15 percent had ingredients and potency clearly and accurately labeled.

He said the synthetic process by which delta-8 is manufactured can inject harmful industrial solvents–heightening his alarm.

Hilgers said, “It is a Russian roulette game that Nebraskans lose.”

One of the targeted business owners, however, called out the Attorney General’s actions as a “political trick” designed to instill fear among Nebraskans.

Kim Rockwell is the owner of two vape shops that are being sued in Lincoln and Keith Counties. “The Attorney General says we are misleading, but we are not,” she said. He was “blindsided,” he said, by the allegations, which he heard for the first time Wednesday from journalists. He stands by his legal operations.

Traci Wild Smith of Greenhouse Grandma, in Dawes County said that if the state’s tests showed a discrepancy then the product should be removed from the shelves.

Wild-Smith, however, said that she was also unaware of the concerns of the state and, as of Wednesday night, had not received any notice of legal action.

In the lawsuits, it is alleged that Greenhouse Grandma and other targeted businesses are using their business models to “entice, and then ultimately capture, Nebraska’s most sensitive consumers: children and teenagers.”

The Attorney General claims that retailers are misleading the public to maximize their financial gain by selling THC-containing products.

Hilgers presented pictures at a press conference of products like Fritos, Nerds and lookalikes containing THC. In addition to sending letters as part of this action, the state has also sent letters Frito-Lay Candy Co. and Ferrara Candy Co.

One letter stated: “We assume, without your knowledge or licence, that your intellectual property is being violated here in Nebraska,”

Nebraskans are at risk of serious harm from the sale of dangerous, deceptive products that have been mislabeled. This is especially true for children. Today’s action is a message to retailers across the state that selling products that threaten our children will not be tolerated: https://t.co/cF0gNJw92U pic.twitter.com/DXEy8jeMxT

— Nebraska Attorney General Mike Hilgers (@NEAttorneyGen) October 25, 2023

Hilgers’ letters also referred to the Halloween tradition of trick-or treating, saying that real candy will undoubtedly be a popular option and should be protected.

Hilgers stated that his office, as a courtesy and to assist the company in its enforcement efforts, provided specific Nebraska locations where the THC-containing product was being sold.

Attorney General has also issued consumer protection alerts to educate parents, educators and families about “dangers.”

The office did not answer calls to some other dispensaries on Wednesday. The manager of ChasingClouds Vape, in Columbus, referred to a reporter an owner in Norfolk. Calls were not answered.

The person who answered the phone at the Cannabis Factory, Lincoln, said the store would not be commenting on the investigation that is currently underway.

Rockwell, owner of two First Stop Vape Shops (one used to be called Botanical Dream), has said that he stopped selling a Delta-8 product which resembled Fritos. He also added that identification safeguards are in place to ensure only adult customers can purchase the product. Rockwell stated that he would like to have had the opportunity to respond if there was a state concern.

Wild-Smith said that Hilgers’ press conference was an “ambush” and her Chadron shop does not carry the THC-containing sweets that Hilgers displayed. She confirmed that Greenhouse Grandma sells a chocolate-covered orange drop, but said the amount of THC is “way below the legal limit”.

Wild-Smith responded, “I am a grandmother. I understand.” She was referring to adult products that were too sweet-like. She said, “I am a bit confused and a bit shocked” about the lawsuit.

The lawsuits were filed in the counties of Platte and Scottsbluff as well as Hall, Madison. Lancaster, Sarpy Lincoln, Saline Keith, Dawes, Keith, Dawes, Keith, Dawes, Saline. They are typically 30 pages in length and ask dispensaries to pay civil penalties per violation. Hilgers, however, said that the main intent was to pressurize the locations so they remove the products from the shelves.

He said: “We know that delta-8 is bad for people. It’s a bad chemical.

Hilgers stated that adult investigators purchased the products and then tested them. According to him, the tests revealed mold, acetone, and other ingredients which should be alarming for consumers.

Hilgers stated that he intends to speak with state legislators about possible solutions including legislation, which will target products containing THC. (THC is the compound found in cannabis plants most commonly associated as causing a high).

The U.S. Food and Drug Administration has said that the FDA is concerned about delta-8-THC products that are sold in dispensaries and vape stores because they haven’t yet been approved for safe use and harmful synthetics can be used during the production process.

The FDA reported that it had received 104 reports from patients reporting “adverse reactions” such as hallucinations and anxiety, and even loss of consciousness, after consuming delta-8 THC between December 2020 and Febuary 2022.

Between January 2021 to March 2022, national poison control centers received 2,400 cases of exposure. Of these, 8 percent required admission into a critical-care facility.

This story was originally published by The Nebraska Examiner.