Fact: Gummies formulated for the Minnesota market (5mg delta-9 THC, 0mg CBD) were repeatedly packaged into North Dakota-labeled bags (represented as containing 5mg delta-9 THC and 75mg CBD) and sold through Bergseth Bros. in North Dakota.
34|The company maintained two formulations:
39|During the period of May through July 2026, Minnesota-formulation gummies (zero CBD) were repeatedly packaged into North Dakota-labeled bags that represented the product as containing 75mg CBD. This was done at the Bloomington office.
45| 46|The owner directly instructed the reporter to participate in this substitution when North Dakota-formulation inventory ran out. The reporter refused.
47| 48|Affected product was shipped to Bergseth Bros. for North Dakota retail distribution.
49| 50|SMS — December 5, 2025, Evan to reporter:
54|"80,000 gummies in for nd. We bag them and then I seal with a machine"
55|Source: SMS record, Dec 5, 2025 — confirms scale of ND operation and manual packaging process
56|SMS — (date on file), Evan to reporter:
60|Discussion of MN vs ND formulation differences and inventory management
61|Source: SMS records on file — documents awareness of distinct formulations
62|A complaint regarding this interstate product substitution has been filed with:
66| 70| 71| 74| 75| 76|