Feds crack down on THC edibles ‘nearly identical’ to common snacks

Federal authorities have sent cease and desist orders to several companies that market edibles containing delta-8 tetrahydrocannabinol (THC) in their packaging, saying they are almost identical to common snacks. 

In a news release, the Federal Trade Commission (FTC), along with the Food and Drug Administration (FDA), said it sent those letters to six companies, demanding they immediately change their style of packaging. 

The six companies that received letters were Delta Munchies LLC; Exclusive Hemp Farms and Etienne-DuBois LLC/Oshipt; North Carolina Hemp Exchange LLC (dba NC Hemp Shoppe); Dr. Smoke LLC; Nikte’s Wholesale LLC; and The Haunted Vapor Room.

In the letters, authorities said that after reviewing online products, they determined the companies may have violated 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.” 

Federal authorities also gave several examples of how the THC edible products that mimic a range of common snacks that appeal to children. One example is Dr. Smoke LLC, which sells THC-infused Doritos and Cheetos products that are marketed in packaging that is nearly identical to the originals. 

Companies also market THC-infused products that are almost identical to common snacks such as gummies and Nerds candy, authorities said. 

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

“Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized 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 realizing it,” said Janet Woodcock, the FDA’s principal deputy commissioner, in a statement. 

The FTC recently sent cease and desist letters to multiple sellers of cannabidiol, a chemical compound derived from the cannabis plant, warning the sellers that it is illegal to advertise a product “that can prevent, treat, or cure human disease without competent and reliable scientific evidence to support such claims.”