RAW Deal: Court Finds Cigarette Paper Distributor of Rolled Out a Pack of Lies

Republic Brands of Glenview, IL, the rolling-paper maker behind well-known brands like e-zwider JOB, Joker and TOP, has obtained a permanent injunction in a federal lawsuit against its equally well-known competitor, HBI International of Phoenix, AZ, the distributor of RAW, Elements, Juicy Jays, Pay-Pay and Skunk.

The injunction order follows a jury’s verdict that HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act through false claims made on its packaging and promotional activities.

On January 31, 2023, the United States District Court for the Northern District of Illinois ordered HBI to cease making claims about its RAW Organic Hemp rolling papers and “immediately” cease manufacturing, ordering or replenishing its inventory with goods that fail to conform to the Court’s order.

All charities are not created equal

The Court also enjoined HBI from continuing to state or imply that it operates or contributes funds or sales proceeds to a charitable entity referred to as the “RAW Foundation” or making reference to the “RAW Foundation” through text or image. In 2022, the Court found that no such foundation even existed despite HBI’s prior promotional claims.

A May 2022 capture by the Internet Archive shows the RAW Foundation’s now-removed page on rawthentic.com, reading: “All people are created equal … If people are dying of starvation and thirst 10,000 miles away or 1 mile away their needs are equal and we must help them. With your help the RAW Foundation has saved tens of thousands of lives.” The text featured images of Ugandans holding banners promoting the RAW Foundation and drinking from presumably newly installed water pumps.

Rained on in Spain

Additionally, the Court found HBI of being guilty of having for more than a decade marketed its RAW papers as made by artisanal craftsman in “Alcoy, Spain” and referring to Alcoy as the “birthplace of rolling papers.”

HBI claimed that its RAW papers receive the “Spanish Alcoy Paper Blessing” and affixed an “Alcoy stamp” to some of its products. However, in a January 19, 2023 ruling, the Court found that “HBI makes no rolling paper in Alcoy, Spain whatsoever.”

The Court ordered HBI to permanently cease stating or implying that its RAW Organic Hemp booklets or cones are made in Alcoy and that “HBI shall not use on its packaging a ‘stamp’ including the use of the word Alcoy or referring to Alcoy.”

The order lists HBI’s violations and fraudulent claims and permanently bars HBI from stating, impling or suggesting:

• That HBI and/or RAW operate(s) or contributes its funds or sales proceeds to a charitable entity or foundation of any kind referred to as the “RAW Foundation” or making reference to the “RAW Foundation” in text or images
• That RAW Organic Hemp rolling papers are “unrefined
• That RAW Organic Hemp rolling papers are made with natural hemp gum, or that the adhesive used in RAW Organic Hemp rolling papers is made from or contains hemp
• That RAW Organic Hemp rolling papers are, or ever were, the world’s first or world’s only organic (or organic hemp) rolling papers
• That RAW Organic Hemp rolling paper booklets, pre-rolled rolling-paper cones or the bulk paper (“bobbins”) used to make RAW Organic Hemp rolling paper products are made in Spain
• That RAW Organic Hemp rolling papers are made using wind power or are powered by wind
• That HBI uses or used the center of the hemp stalk for its RAW Organic Hemp rolling papers
• That HBI or Joshua Kesselman invented rolling paper pre-rolled cones
• That the OCB Organic Hemp papers are knock-offs, “RAWnabees”, copies, or fake versions of RAW.

In its released statement, Republic Brands says it is “committed to a level playing field where all parties act in good faith and engage in honest marketing to customers and consumers.”