Skyrise Forney, which does business as Sky Rise Vapor in the Dallas-Fort Worth area, has filed a lawsuit against Delta Munchies, alleging deceptive trade practices, fraud, negligence and product liability related to the sale of hemp-derived vape products.
The lawsuit claims that Delta Munchies marketed and sold the “2g Lil Ripper Liquid Diamond THCA Vape” as compliant with federal and Texas law, including representations that the product contained less than 0.3% delta-9 THC and was lawful for retail sale. Skyrise Forney said it relied on these representations when purchasing and reselling the product.
“Skyrise Forney believed the claims made by Delta Munchies. Yet Skyrise Forney was raided by law enforcement, and arrests were made; products and assets were seized based on testing of Munchies conducted by these agencies,” said David Sergi, an attorney who concentrates in hemp and cannabis law based in San Marcos, Texas. “This lawsuit seeks to hold manufacturers in the hemp industry accountable. Retailers place trust in these manufacturers; they must know that the products are legal and compliant with all regulations. The certificates of analysis, which document the results of testing, must be accurate and beyond reproach.”
The complaint alleges that independent laboratory testing later revealed the products contained unlawful levels of delta-9 THC and undisclosed cannabinoid compounds, directly contradicting the Delta Munchies’ representations.
Sky Rise said it became the subject of law enforcement actions in January 2025, including undercover purchases, coordinated raids, the seizure of business assets and personal property, the freezing of approximately $4.8 million in funds and an arrest on felony charges.
Skyrise Forney asserts that it had no role in the manufacturing or labeling of the products and reasonably relied on the Delta Munchies’ certifications and marketing materials. The lawsuit alleges that the Delta Munchies' conduct caused extensive damages, including business shutdowns, reputational harm, legal expenses and significant financial losses.
Skyrise Forney is seeking actual damages, treble damages under the DTPA, exemplary damages, attorneys’ fees and other relief.
