Delta-8 THC Brands Warned Over Child-friendly Packaging by FDA and FTC

A major issue regarding consumer cannabis products is that some brand packaging appears to be child-friendly. This confusion could lead to children consuming cannabis products by mistake or parents accidentally purchasing these products believing that they are one of their favorite snacks. The US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) recently sent cease-and-desist letters to six companies who sell delta-8 tetrahydrocannabinol (THC) edibles that have been produced to mirror popular products (1). For example, Doritos tortilla chips, Nerds candy, and Cheetos cheese-flavored snacks.

This kind of marketing has been labeled by the FTC as “reckless” as these items can appeal to children.

“Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in a statement (1). “Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children.”

The FDA and FTC sent letters to the following companies:

• Delta Munchies LLC (Los Angeles, California).
• Exclusive Hemp Farms (Gilroy, California) and Etienne-DuBois, LLC/Oshipt (Henrico, Virginia).
• North Carolina Hemp Exchange, LLC, dba NC Hemp Shoppe (Raleigh, North Carolina).
• Dr. Smoke, LLC, aka Dr. S, LLC (Kansas City, Missouri).
• Nikte's Wholesale, LLC (Albuquerque, New Mexico).
• The Haunted Vapor Room (Franklin, New Jersey).

Upon reviewing the online marketing for delta-8 THC products sold by these companies, the FTC felt that their advertising potentially violated Section 5 of the FTC Act (1). This law forbids “deceptive” marketing such as those that may lead to safety risks.

In these letters, they mention the risks that may be presented to children as these delta-8 THC products imitate non-THC-containing food products that both adults and children enjoy. By producing an imitating product, it could mislead children to consume the products and experience an unwarranted health risk. The FDA and FTC are urging these companies to stop retailing their child-friendly delta-8 THC edibles, review all packaging, and to remove similar products.

The FTC is asking all companies listed to contact them within 15 days with a plan of action addressing the federal agencies concerns.

Reference

1. Bear-McGuinness, L. FDA and FTC Sends Warning Letters to Delta-8 THC Brands Over Their Child-friendly Packaging https://www.analyticalcannabis.com/news/fda-and-ftc-sends-warning-letters-to-delta-8-thc-brands-over-their-child-friendly-packaging-314847 (accessed Jul 10, 2023).