The complaint alleges interstate product substitution affecting North Dakota consumers:
Misbranded Product: Gummies manufactured for the Minnesota market (5mg delta-9 THC, 0mg CBD) were placed into packaging labeled for North Dakota (5mg delta-9 THC, 75mg CBD) and distributed to North Dakota retail locations, including Bergseth Bros.
False Certificates of Analysis: The COAs provided for North Dakota-labeled products did not accurately reflect the contents of the packages sold.
Scale of Distribution: A December 5, 2025 text message references "80,000 gummies in for nd" — indicating large-scale distribution of misbranded product into the state.