Attorney General Mike Hilgers Sues Savage Enterprises for Violating Nebraska’s Consumer Protection Act and Uniform Deceptive Trade Practices Act
Lincoln--Today, Attorney General Mike Hilgers announced his office’s expansion of its fight against the sale of illegal or unlawful synthetic THC products in smoke and vape shops throughout Nebraska. Hilgers has filed a lawsuit against Savage Enterprises, a Wyoming corporation, based in California. Savage Enterprises sells an extensive line of THC-containing gummies and vapes, many of which contain dangerously high concentrations of Delta-8 THC and other synthetic cannabinoids. The lawsuit details several unfair and deceptive practices, including:
- The sale of THC-containing products in an assortment of sweet and fruity flavors and with branding designed to appeal to adolescents and teens, including brightly colored packaging and cartoons.
- Targeting of adolescents through the use of young-looking models and influencers on social media platforms popular among youth, including Instagram, YouTube, and Discord.
- Sale of products containing dangerously high levels of synthetically-produced THC in the form of gummies and other snack foods that are indistinguishable from common forms of children’s candy.
- The sale of THC-containing products in packaging that misrepresents forms of THC that are present in the products and the concentrations thereof.
The lawsuit seeks to put a stop to Savage Enterprises’ sale of dangerous THC products in Nebraska and to recover civil penalties and fees for the company’s violations of Nebraska’s Consumer Protection Act and Uniform Deceptive Trade Practices Act, among other relief.
The Attorney General’s Office also issued cease & desist letters across the state from Ralston to Scottsbluff, impacting locations of franchised stores in Kimball, Lexington, McCook, Rushville, Ralston, Scottsbluff, Seward, Sidney, and South Sioux City, Nebraska. Earlier this year, the Nebraska Attorney General’s Office investigators, along with the assistance of local law enforcement, made purchases of products from these retail stores. Each store investigated had at least one product with a delta-9 concentration over the legal limit, making it marijuana, and had labels that incorrectly identified the content of the products.
The letters issued to the stores communicate that many of the THC-containing products their company sells misrepresent the concentrations and types of THC contained within those products. Stores are engaging in deceptive, unfair, and unsafe trade practices and in illegal conduct. The letters also notify the stores that several cannabinoids being sold are purely synthetic Schedule I substances under the Controlled Substances Act.
In addition to the sale of marijuana, the Attorney General’s Office uncovered the sale of psilocin and psilocin analogues. Sale of marijuana and psilocin is a felony.
To date, the Attorney General’s Office has sent 204 cease and desist letters and filed 15 lawsuits alleging violations of the Consumer Protection Act (Unfairness), Consumer Protection Act (Deception), and the Nebraska Pure Food Act.
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