In early July, the Federal Trade Commission (FTC), in collaboration with the U.S. Food and Drug Administration (FDA), has issued cease and desist letters to companies that sell edible products containing Delta-8 THC. Many of these products are packaged in a manner that closely resembles food commonly consumed by children.
“Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, according to a July 5 press release by the FTC. “Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children.”
According to the press release, the FTC and the FDA have jointly sent cease and desist letters to six companies for marketing edible products containing Delta-8 tetrahydrocannabinol (THC) in packaging that closely resembles popular snacks and candies consumed by children. The letters were issued to Delta Munchies LLC, Exclusive Hemp Farms and Etienne-DuBois, LLC/Oshipt, North Carolina Hemp Exchange, LLC, Dr. Smoke, LLC, Nikte's Wholesale, LLC, and The Haunted Vapor Room. The agencies argue that the advertising and packaging of these products could violate Section 5 of the FTC Act, as they may mislead consumers and pose health and safety risks, particularly to children.
The FTC and FDA reviewed the online marketing materials for Delta-8 THC products sold by the six companies and found that their imitation of non-THC-containing food products is misleading, according to the FTC. For instance, Dr. Smoke, LLC sells THC-infused "Doritos" and "Cheetos" products with packaging almost identical to the popular snack brands. Similarly, The Haunted Vapor Room offers Delta-8 THC products called Rope 500mg Delta-8 Nerds Candy and Medicated Dope Rope Bites, resembling Nerds Rope candy. The packaging and marketing strategies used by these companies increase the likelihood of young children mistakenly consuming these products.
According to the press release, the FTC is demanding that the companies cease marketing edible Delta-8 THC products that imitate conventional foods using appealing advertising or packaging that might attract young children. The FTC also urges the companies to thoroughly review their marketing and product packaging for similar edible THC products and take swift action to protect consumers, especially young children.
The companies have been asked to provide detailed information about the actions they have taken to address the FTC's concerns within 15 days.
