AG Hilgers targets THC retailer in Norfolk
NORFOLK, Neb. -- A 32-page lawsuit was filed Wednesday as part of a statewide lawsuit in 10 different counties including here in Madison County.
“Today, our office is announcing a major and unprecedented consumer protection action across the state of Nebraska," said Attorney General Mike Hilgers.
In the filed complaint from Hilgers, the defendant, labeled as Kynd Company Vape & Smoke in Norfolk, is being sued for allegedly marketing and selling Delta-8 products to children.
Kynd Co. must properly label their products for human consumption and, ultimately, show they are safe to consume.
The state said the company “fall[s] woefully short on both accounts.”
In one part of the complaint, the “cartoon marketing” of some of the products appeal to young children and increase the risk children will accidentally or purposefully consume the products.
One specific line of products the lawsuit points out are the products using imagery or depictions of persons or animals with anthropomorphic attributes.
“One of these is actually a legitimate product that any child could have and another one is infused with Delta-8," Hilgers said.
The FDA said Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant.
The FDA has not evaluated or approved Delta-8 THC products for safe use of the public.
In the complaint, the state says the consumption of a “tiny fraction” of a Delta-8 gummy marketed and sold by Kynd could send a Nebraska child to the hospital.
In a report done by national poison control centers from Jan. 1, 2021 to Feb. 28, 2022, 41% of exposure cases of Delta-8 have dealt with people 18 years or younger.
In addition to the business in Norfolk, nine other businesses in counties across the state have had lawsuits sent out.
News Channel Nebraska reached out to Kynd Co. earlier Wednesday morning. They were not aware of the lawsuit at the time of the call.