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.
The company maintained two formulations:
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.
The owner directly instructed the reporter to participate in this substitution when North Dakota-formulation inventory ran out. The reporter refused.
Affected product was shipped to Bergseth Bros. for North Dakota retail distribution.
SMS — December 5, 2025, Evan to reporter:
"80,000 gummies in for nd. We bag them and then I seal with a machine"
Source: SMS record, Dec 5, 2025 — confirms scale of ND operation and manual packaging process
SMS — (date on file), Evan to reporter:
Discussion of MN vs ND formulation differences and inventory management
Source: SMS records on file — documents awareness of distinct formulations
A complaint regarding this interstate product substitution has been filed with: