Nebraska Attorney General Hilgers Files Suit Against Midwest Smoke Shop, Continues Campaign Against Companies Selling Unlawful Synthetic THC Products to Children

April 23, 2024

LINCOLN-- Nebraska Attorney General Mike Hilgers has filed a lawsuit against Midwest Smoke Shop, continuing his statewide campaign against retailers selling these dangerous products around Nebraska. Midwest Smoke Shop operates retail outlets in Omaha, Gretna, and Lincoln. The lawsuit is the latest in a series of suits the Attorney General has filed against THC shops to address rampant unlawful conduct in the industry, which continues to cause serious harm to Nebraska consumers. This lawsuit also aims to address Midwest Smoke Shop’s repeated sale of mislabeled, contaminated, and harmful THC products to children.

Nebraska consumers, especially children, are at serious risk of harm due to Midwest Smoke’s deceptive and unfair trade practices, including selling products that have sent Nebraskans to the hospital.

“Not only are these products untested, mislabeled, and dangerous, but Midwest Smoke has also repeatedly been selling these products to kids,” said Attorney General Hilgers. “Nebraskans deserve better. Our office started this litigation campaign last year to clean up the industry and keep these harmful products out of the hands of Nebraskans.”

The lawsuit unveils several concerning practices, including:

Unfair Practices: Failing to implement an age verification process, selling THC products to children, and selling products designed to appeal to children;
Deceptive Practices: Selling THC products which grossly understate or overstate the concentration of THC contained within the product and by failing to disclose which cannabinoids are contained in the product;
Unconscionable Practice: Employing a purchase rewards program designed to increase sale frequency of addictive and psychoactive products, including to minors;
Harmful Products: Selling THC products which are harmful when consumed, especially given children and adults reportedly have been hospitalized after consuming products sold by Midwest Smoke.

The lawsuit was filed in the District Court of Lancaster County, Nebraska. The complaint alleges that Midwest Smoke has violated the Consumer Protection Act, Uniform Deceptive Trade Practices Act, and Nebraska’s Pure Food Act.

The Attorney General’s Office seeks the court to order Midwest Smoke to stop its unlawful conduct and pay penalties for its many violations of Nebraska law, among other relief.

The Nebraska Attorney General’s Office is responsible for enforcing consumer protection laws and advocating for the interests of Nebraska consumers. Protecting consumers, especially children, from harmful products and practices is a top priority for Attorney General Mike Hilgers.