Lawsuit alleges MN company in violation of state’s edible cannabinoid laws

"Death by Gummy Bears" was one of the products embargoed during the Board of Pharmacy’s...
"Death by Gummy Bears" was one of the products embargoed during the Board of Pharmacy’s investigation of Northland Vapor in Moorhead, Minnesota.(Minnesota Board of Pharmacy)
Published: Dec. 5, 2022 at 3:58 PM CST
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SAINT PAUL, M.N. (Dakota News Now) - A lawsuit filed against a Moorhead-based business alleges the company’s products contain 50 times the amount of THC permitted under Minnesota law, according to a press release from the Minnesota Board of Pharmacy.

Northland Vapor Company Moorhead LLC, Northland Vapor Company Bemidji LLC, and Wonky Confections LLC (collectively “Northland Vapor”) have been hit with a civil lawsuit in Clay County District Court by the Minnesota Board of Pharmacy. According to the press release shared Monday, the lawsuit alleges Northland Vapor violated Minnesota’s edible cannabinoid laws (Minnesota Statute 151.72).

According to the law, “edible cannabinoid products sold in Minnesota must not contain more than five milligrams of any hemp-derived tetrahydrocannabinol (THC) in a single serving or more than a total of 50 milligrams per package,” writes the Minnesota Board of Pharmacy.

The lawsuit claims Northland Vapor sold products that contain THC “far in excess of five milligrams per serving and far in excess of 50 milligrams per package,” according to the press release.

Edible cannabinoid products that matched those for sale on the companies’ websites and at their retail location that were in violation of Minnesota law include the following:

• Approximately 28,896 packages of Death by Gummy Bears, labeled as 25 individual gummy bears at 100 milligrams of THC per serving, totaling 2,500 milligrams per package

• Approximately 112,710 packages of Death by Gummy Bears, labeled as 10 individual gummy bears at 100 milligrams of THC per serving, totaling 1,000 milligrams per package

• Approximately 2,400 packages of Wonky Weeds Gummies, labeled as 10 individual gummies at 30 milligrams of THC per serving, totaling 300 milligrams per package

• Approximately 2,310 bottles of Wonky Weeds THC Syrup, containing 700 milligrams of THC per bottle.

The law also prohibits the sale of products resembling or containing cartoon-like characteristics that appeal to children or products “modeled after brands primarily consumed by or marketed to children,” says the Minnesota Board of Pharmacy. One of the products found by investigators to be in violation of Minnesota law was Northland Vapor’s “Death by Gummy Bears,” which contains 50 times the amount of THC permitted under Minnesota law. Multiple serious adverse events, including a death, were reported to the U.S. Food and Drug Administration (FDA) in association with this product, though the FDA has not determined that the products caused the adverse events, according to the press release.

Northland Vapor has locations in Sioux Falls, SD; Fargo, ND; Bemidji, MN; and Moorhead, MN.

The FDA inspection is ongoing.