Who cares. The company has failed regardless. Speculating on this is a waste of time. Energy should be redirected to exposing the lying CEO. Jail would be a welcome bonus.
The other thing here is that the GNC Melatonin Chew is clearly formulated as a cookie dough flavored chewable delivery vehicle for 3mg of melatonin, with very little food value:
OTOH, Kush Cakes are brownies made with brownie ingredients and have 270 calories per serving with 15 grams of fat, 17 grams of sugar and 4 grams of protein.
They have other labeling issues, which I wrote about in July, 2016:
If Moran had developed a 10-gram, 20-calorie brownie-flavored chew with a gram of hemp and 3mg of melatonin and called it Kush Chew melatonin supplements, he probably wouldn't have a problem with the FDA. Then again, maybe the 1 gram of hemp protein would make it a food.