Federal government goes after sellers of cannabis-infused snacks
Delta-8 THC (THC) is a component of cannabis with similar psychoactive and intoxicating effects as the substance responsible for the high people get from cannabis.
The FDA issued an alert in 2022 about the health risks to children of ingesting foods containing THC based on numerous poison control calls and other reports of adverse events resulting from kids eating Thc-related products by accident.
The FTC says “Children are at particular risk for mistakenly ingesting edible THC products imitating traditional foods because they are more likely to focus on similarities of product appearance and packaging, and less likely to notice or be able to comprehend labeling text.”
Here is what cannabis companies need to know about regulations protecting consumers
Companies targeted by federal government
In July, the FTC and FDA sent joint cease and desist letters to six companies marketing edible products containing THC in packaging that is similar to popular snacks and candy that children eat:
h Dr. Smoke, LLC, sells Thc-infused “Doritos” in packaging nearly identical to Doritos Nacho Cheese Flavored Tortilla Chips. The packaging contains the same red background, Doritos name and triangle, and two tortilla chips as the real product.
h The Haunted Vapor Room sells THC products, including Rope 500mg Delta-8 Nerds Candy, that closely resemble Nerds Ropes candy using what appears to be the real product’s candy mascot.
h Delta Munchies, LLC, markets THC gummies that look like conventional gummy candies that are often consumed by children, with images on the packaging that enhance their appeal to children.
The other companies are Exclusive Hemp Farms and Etienne-dubois Llc/oshipt (apparently related entities); North Carolina Hemp Exchange; and Nikte’s Wholesale, LLC. The FTC demanded that the companies stop marketing THC products that imitate conventional foods using advertising or packaging that is likely to appeal to young children. They were instructed to notify the agency within 15 days of the specific actions taken to address its concerns.
Samuel Levine, director of the FTC’S Bureau of Consumer Protection, said, “Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal.”
Lesley Fair, a senior FTC attorney, was a bit wittier in saying the companies earned a place in the FTC’S “What The Heck Were They Thinking?” Pantheon. She offered these messages to other companies:
h First, consumer health and safety are paramount, especially when it comes to kids.
h Second, newcomers to the cannabis industry, let us introduce you to the Federal Trade Commission Act and the Federal Food, Drug, and Cosmetic Act. Your product sector may be new, but you must conduct your business within established laws designed to protect the public from deceptive marketing practices and adulterated foods.
h Third, we suggest you get your legal house in order now.
The FTC and BBB offer this advice to consumers who may use cannabis products:
h Keep cannabis edibles separate from other foods in the original packaging, and in child-proof cabinets and drawers when storing them, just as you would household cleaning and laundry items.
h Completely close the packaging after each use, and immediately store it in a safe location away from children.
h Talk to family and friends about keeping a safe environment for kids.
To be clear, the national brands whose products have been imitated had nothing to do with the sale of the lookalikes.
Randy Hutchinson is president & CEO Better Business Bureau of the Mid-south.