THC edibles look like popular snacks with kids? The FTC and FDA have something to say about this.

We’ve seen a lot of products today, but six companies that just received joint cease-and-desist letters from the FTC and FDA earned a spot in our “What the Hell Were They Thinking?” Pantheon. What have they done to deserve this questionable disparity? According to the two agencies, these companies currently sell edibles containing Delta-8 THC (yes, That THC) packaging and advertising mimic the look of candy and snack brands popular with children.

First, learn some basic chemistry. Delta-8 THC is a component of marijuana that has similar psychoactive and narcotic effects to Delta-9 THC, the substance that causes the high people get from marijuana. In June 2022, the FDA issued a warning about the health risks of children consuming foods containing THC. The FDA’s concerns are not hypothetical; a large number of poison control calls and adverse event reports result from children accidentally consuming products containing THC. Some reports specifically mentioned the food as a knock-off of a famous brand.

Speaking of copycat products, let’s be clear: The major national brands whose food products are imitated by the products mentioned in the cease and desist letters have absolutely nothing to do with the sales of the knockoffs. But a picture is worth a thousand words, so look at a few examples to see why the FTC and FDA are so concerned about these THC products. Are they very similar to favorite snacks for children, including Cheetos, Cheetos? Double Oreos, Jolly Rancher gummies and Sour Patch candies? This is a core issue of concern to the FDA-FTC.

You need to read these letters to learn more about why the FDA considers these products “adulterated human food.” The FDA has given the companies 15 business days to notify them in writing of “specific steps it will take to address any violations.”

The FTC approaches the issue from the perspective of Section 5’s prohibition on unfair and deceptive practices, including “practices that create unnecessary risks to health or safety.” Here’s how FTC staff describe their concerns:

Children are particularly at risk of ingesting edible THC products that mimic traditional food products because they are more likely to focus on the similarities in product appearance and packaging and less likely to notice or understand label text. . . . Given the large number of reported adverse events associated with the ingestion of edible products, advertising and packaging containing THC, [product] May pose unnecessary risks to health and safety in a manner that may be particularly attractive to young children.

The FTC has directed the companies to “immediately stop selling edible Delta-8 THC products that imitate traditional food products using advertising or packaging that may appeal to young children.” The letters gave the companies 15 days to explain their efforts to address the issues. specific actions taken.

Send letters to:

• Delta Munchies LLC (Los Angeles, CA);
• Exclusive Hemp Farms (Gilroy, Calif.) and Etienne-DuBois, LLC/Oshipt (Henrico, Va.);
• North Carolina Cannabis Exchange (Raleigh, NC);
• Dr. Smoke, LLC (Kansas City, MO);
• Nikte’s Wholesale, LLC (Albuquerque, New Mexico); and
• Haunted Steam Room (Franklin, NJ).

The message to other companies should be obvious.

firstthe health and safety of consumers is of paramount importance, especially for children.

secondAs someone new to the cannabis industry, let us introduce you to the Federal Trade Commission Act and the Federal Food, Drug, and Cosmetic Act. Your product industry may be new, but you must operate within established laws designed to protect the public from deceptive marketing practices and adulterated foods.

thirdwe recommend you get your legal home in order now.