For the second time in as many years, the Federal Trade Commission (FTC), in collaboration with the U.S. Food and Drug Administration (FDA), has issued cease-and-desist letters to several companies marketing edibles containing Delta-8 tetrahydrocannabinol (THC) in packaging that closely resembles popular children's snacks.
"Companies that market and sell edible THC products that are easily mistaken for snacks and candy are not only acting illegally, but they are also putting the health of young children at risk," said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. "Those that prioritize profits in front of children's safety are at serious risk of legal action."
"Inadequate or confusing labeling can result in children or unsuspecting adults consuming products with strong resemblance to popular snacks and candies that contain delta-8 THC without realizing it," said FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D. "As accidental ingestion and/or overconsumption of Delta-8 THC containing products could pose considerable health risks, the companies who sell these illegal products are demonstrating complete neglect for consumer safety. The FDA will continue to work to safeguard the health and safety of U.S. consumers by monitoring the marketplace and taking action when companies sell products that present a threat to public health."
The agencies sent letters to Hippy Mood (Levittown, Pennsylvania); Life Leaf Medical CBD Center (Murrells Inlet, South Carolina); Shamrockshrooms.com (online only); Mary Janes Bakery Co. LLC and Miami Rave LLC (Miami, Florida); and Earthly Hemps (Cape Coral, Florida).
According to the letters, children can suffer serious health consequences from eating products containing cannabis, as they may not recognize or understand text on product labels.
After reviewing online marketing for Delta-8 THC products sold by these companies, the FTC determined their advertising might violate the FTC Act’s prohibition against unfair or deceptive acts in commerce. The letters emphasize that preventing practices posing risks to young children is a high priority for the Commission.
Hippy Mood sells various Delta-8 THC cereal products with names like Berry Boss and Frutti Rocks featuring colorful packages resembling children's cereal packaging. Life Leaf Medical CBD Center offers a Delta-8 THC product similar to Nerds Rope candy. Mary Janes Bakery Co. LLC and Miami Rave LLC market Trips Ahoy chocolate chip cookies mimicking Nabisco Chips Ahoy packaging.
In their correspondence, the FTC demands these companies stop marketing edible Delta-8 THC products imitating conventional foods using child-attractive advertising or packaging immediately. They urge sellers to review all marketing materials for similar edible THC products and take steps to protect consumers.
In July 2023, both agencies sent joint warning letters to six companies selling edible Delta-8 THC products packaged similarly to popular children's snacks such as Doritos and Cheetos. The current actions aim to reinforce this effort by notifying additional companies about potential violations under the FTC Act.
Christine DeLorme from the FTC’s Bureau of Consumer Protection is leading this matter.
The Federal Trade Commission works to promote competition while protecting consumers through education initiatives. For more information on consumer topics or reporting fraud, visit consumer.ftc.gov or ReportFraud.ftc.gov.
