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The US Federal Trade Commission (FTC) and Food and Drug Administration (FDA) have together sent warning letters to six sellers of delta-8 THC edibles whose packaging is very similar to that of popular snacks and sweets for children.
The “cease and desist” letters were sent to California-based Delta Munchies and Exclusive Hemp Farms, North Carolina Hemp Exchange, Missouri-based Dr. Smoke, New Mexico’s Nikte’s Wholesale and The Haunted Vapor Room in New Jersey.
The director of the FTC’s Bureau of Consumer Protection, Samuel Levine, said: “Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal.
“Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children.”
Keep out of reach of children
The FTC and the FDA said that the packaging of the six companies’ delta-8 products was “almost identical to that of some snacks and candy children eat, including Doritos tortilla chips, Cheetos cheese-flavoured snacks, and Nerds candy”.
With its statement, the FTC also provided pictures of Dr. Smoke’s THC “Doritos” bags, featuring the same name and very similar logo as those of the popular brand’s nacho-cheese flavoured tortilla chips.
Other photos shared by the agency showed a pack of The Haunted Vapor Room’s Dope Rope Bites, which mimics the logo and shape of Nerds Rope candies, and Delta Munchies’ gummy bears “that look like conventional gummy candies” consumed by kids.
Janet Woodcock, the FDA’s principal deputy commissioner, said: “Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalised after eating ‘edibles’ containing it.
“That’s why we’re issuing warnings to several companies selling copycat food products containing delta-8 THC, which can be easily mistaken for popular foods that are appealing to children and can make it easy for a young child to ingest in very high doses without realising it.”
Targeting delta-8 THC and CBD
Based on the warning letters, the six companies’ products may be violating Section 5 of the FTC Act, which prohibits “unfair or deceptive acts in or affecting commerce, including practices that present unwarranted health or safety risks” – in this particular case, in relation to children.
In the joint letters, the FTC and the FDA demanded that the companies stop selling edible delta-8 products advertised or packaged in a way that imitates conventional food appealing to children. The companies were given 15 days to explain the actions they would take to address the agencies’ warnings.
The two agencies had previously sent two rounds of joint letters to a total of six CBD brands. Those letters were sent in 2019 to warn companies against making scientifically unsupported medical claims in connection with the products they sold.
In May 2022, the FDA sent its first round of warning letters to delta-8 THC marketers, also over health claims they made about their products.
And the following month, in June last year, the FDA also issued a warning on the consumption of food products containing delta-8 THC, saying it had received adverse event reports on both children and adults who ate products containing delta-8 THC, some imitating popular snacks for kids.
– Tiziana Cauli CannIntelligence staff
