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Bipartisan AGs Urge Congress to Regulate Child-Attracting THC Copycat Snacks

Malicious actors marketing illicit copycat THC ediblesJune 27, 2022Connecticut Attorney General

Summary

Attorney General William Tong joined a bipartisan coalition of attorneys general to urge Congress to enact legislation allowing trademark holders to hold accountable sellers of unregulated cannabis copycat products that resemble popular snacks and cause accidental THC ingestion in children. The coalition highlighted the public health risk and called for federal action to stop the spread of these dangerous products.

Contract Impact

In-house legal teams should review vendor, distribution, and licensing agreements with manufacturers or distributors of cannabis edibles and snack food brand licensors. Focus on intellectual property indemnification clauses to ensure protection against trade dress infringement and counterfeit claims; product compliance warranties requiring adherence to child-safety packaging and THC labeling laws; recall and notification procedures; and insurance requirements covering product liability. Amendments may be needed to mandate strict compliance with state cannabis regulations, enforce child-resistant packaging standards, include audit rights for safety verification, and allow termination for violations involving deceptive copycat products.

Contract Search Terms

trademark infringement indemnityproduct liability insurancechild-resistant packaging requirementTHC content disclosure clauserecall notification procedurecompliance with state cannabis lawstrade dress protectionwarning label specificationsdistribution restrictions for minorsaudit rights for product safety

Laws Cited

Connecticut Unfair Trade Practices Act

Violation Types

Entity Details

Entity

Malicious actors marketing illicit copycat THC edibles

Also known as: Illicit THC Edible Sellers

Industry

Other

Multistate Coalition

Official Sources

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