According to the letters, children can suffer serious health consequences from eating products containing cannabis, and they are at special risk of consuming edible THC products that appear similar to traditional foods because children are less likely to focus on or be able to understand text on the product labels.
This is the second time in two years that such action has been taken.
“Companies that market and sell edible THC products that are easily mistaken for snacks and candy are not only acting illegally, but they are also putting the health of young children at risk,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “Those that prioritize profits in front of children's safety are at serious risk of legal action.”
“Inadequate or confusing labeling can result in children or unsuspecting adults consuming products with strong resemblance to popular snacks and candies that contain delta-8 THC without realizing it,” said FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D. “As accidental ingestion and/or overconsumption of Delta-8 THC containing products could pose considerable health risks, the companies who sell these illegal products are demonstrating complete neglect for consumer safety. The FDA will continue to work to safeguard the health and safety of U.S. consumers by monitoring the marketplace and taking action when companies sell products that present a threat to public health.”
Shared in an FTC press release, are the following companies receiving letters from the agencies: Hippy Mood in Levittown, Pennsylvania; Life Leaf Medical CBD Center in Murrells Inlet, South Carolina; Shamrockshrooms.com (online only); Mary Janes Bakery Co. LLC and Miami Rave LLC in Miami, Florida; and Earthly Hemps in Cape Coral, Florida.
According to the letters, children can suffer serious health consequences from eating products containing cannabis, and they are at special risk of consuming edible THC products that appear similar to traditional foods because children are less likely to focus on or be able to understand text on the product labels.
Upon examining the online marketing strategies for Delta-8 THC products offered by various companies, the FTC has concluded that their advertisements could potentially breach the FTC Act by engaging in unfair or deceptive practices in the market. The FTC emphasizes the importance of avoiding practices that pose health or safety hazards, especially to young individuals, as a top priority. Additionally, mimicking non-THC food products that are commonly consumed by children is considered misleading.
The Delta-8 THC products from these companies are designed to look like popular children's food items. Hippy Mood offers a selection of Delta-8 THC cereals such as Berry Boss, Chocolate Balls, Cookie Cat Crunch, and Frutti Rocks. These products come in colorful packaging with fun graphics that make them resemble children's cereal boxes. Take for instance the Rainbow Rings Delta-8 Cereal, which showcases a cartoon toucan on a red background and colorful ring-shaped cereal - reminiscent of Kellogg's Froot Loops packaging.
Life Leaf Medical CBD Center offers a Delta-8 THC item that closely resembles Nerds Rope candy, with both items consisting of multi-colored crunchy candies connected to a gummy rope. The packaging of the company showcases a vibrant background, the blue and white Nerds logo, and what seems to be the Nerds mascot -- a cartoon anthropomorphic Nerds candy with two eyes, a prominent round nose, and two legs.
Mary Janes Bakery Co. LLC and Miami Rave LLC offer Trips Ahoy chocolate chip cookies in packaging that bears a striking resemblance to Nabisco Chips Ahoy cookies. The packaging features a blue background, an image of a chocolate chip cookie with a bite taken out on the left side, and the word "ORIGINAL" in bold white font that looks handwritten.
The "Trips Ahoy!" logo also mirrors the color scheme and font used for the Chips Ahoy! logo. Additionally, the packaging for other products like Stoney Patch Sour Watermelon Slices, Stoney Ranchers Hard Candy, Dank Ropes, and Flaming Hot Weedos have color schemes and design elements reminiscent of popular brands like Sour Patch Kids Watermelon Candy, Jolly Rancher hard candy, Nerds Rope, and Flamin’ Hot Cheetos.
The FTC has sent letters to companies, instructing them to cease the marketing of edible Delta-8 THC products that resemble regular foods and are designed to attract young children. Additionally, the FTC is advising sellers to thoroughly examine their marketing and product packaging for similar edible THC products and to promptly take measures to safeguard consumers, particularly young children, from these products. Lastly, the FTC has requested each company to report back to the agency within 15 days with a detailed account of the actions taken to address the Commission's worries.
In July of 2023, multiple agencies issued a collective warning to six companies promoting edible items infused with Delta-8 THC. These products were packaged in a way that closely resembled popular snacks and candies enjoyed by children, such as Doritos, Cheetos, and Nerds. The recent letters serve as a continuation of that initiative, alerting more companies that selling these items could potentially breach the FTC Act and result in legal consequences.
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