Cannabis for kids? FTC and FDA combat “reckless” edibles packaging resembling children’s snacks

13 Jul 2023 --- The Federal Trade Commission (FTC) and the US Food and Drug Administration (FDA) have sent cease and desist letters to six companies that sell edible products containing delta-8 tetrahydrocannabinol (THC), a psychoactive compound derived from cannabis, in packaging that are in some cases nearly identical to common snacks for children.

The agencies warned the companies that their advertising may violate the FTC Act, prohibiting unfair or deceptive acts presenting unwarranted health or safety risks. The letters also urged the companies to stop marketing edible delta-8 THC products that imitate conventional foods using packaging likely to appeal to young children and to review all of their marketing and product packaging for similar products.

The six companies under scrutiny are Delta Munchies, Exclusive Hemp Farms, North Carolina Hemp Exchange, Dr. Smoke, Nikte’s Wholesale and The Haunted Vapor Room. Their products include THC-infused versions of Doritos tortilla chips, Cheetos cheese-flavored snacks, Nerds and gummy candies and sour worms.

The FDA received 125 adverse event reports on children and adults consuming products with THC between January 1, 2021–May 31, 2022.

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

Copycat crack down
According to the letters, the companies’ delta-8 THC products mimic a range of food that appeal to children. For example, Dr. Smoke’s THC-infused “Doritos” is marketed in packaging that is “nearly the same” as that of Doritos Nacho Cheese Flavored Tortilla Chips, including the same red background, the use of the Doritos name and triangle logo and the depiction of two tortilla chips in the same position.Dr. Smoke THC-infused Doritos.

In addition, Dr. Smoke’s THC-infused “Cheetos” are sold in packaging that is “nearly identical” to that of Cheetos Crunchy Flamin’ Hot Cheese Flavored Snacks, “right down to the use of the Chester Cheetah mascot.”

Another company, The Haunted Vapor Room, sells delta-8 THC products called Rope 500mg delta-8 Nerds Candy and Medicated Dope Rope Bites that “closely resemble” Nerds Rope candy, with both comprising multi-colored crunchy candies attached to a gummy rope. Packaging for the former uses “what appears to be the Nerds candy mascot.”

Moreover, Delta Munchies markets delta-8 THC gummies that “look like conventional gummy candies that are often consumed by children.” 

“The brightly-colored packaging includes images of the products in fruity and sour flavors that the FTC contends enhances their appeal to children and increases the likelihood that they will mistakenly eat them, thinking they are traditional gummy candies,” explains the FTC.

The FTC also targeted North Carolina Hemp Exchange’s THC-infused cookie that looks like Nabisco Oreos, dubbed “Stoneo” cookies. The package uses the same blue color as traditional Oreos and even reads “Double Stuf.”

Health hazard for children
The FTC and FDA stated that preventing practices that present health or safety risks to children is one of their highest priorities. The agencies also noted that delta-8 THC has psychoactive effects similar to those of delta-9 THC, the main psychoactive component of marijuana.

“Delta-8 THC exists naturally in the cannabis plant in only small quantities and is estimated to be about 50-75% as psychoactive as delta-9 THC,” according to the Center for Disease Control and Prevention (CDC).THC-infused cookie that looks like Nabisco Oreos.

The CDC notes that it may cause adverse effects such as lethargy, loss of coordination, slurred speech, increased heart rate, low blood pressure, difficulty breathing, sedation and coma.

“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,” highlights Janet Woodcock, principal deputy commissioner at the FDA.

“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.” 

The agencies have asked each company to contact them within 15 days to report the specific measures they have implemented to address their problems.

By Marc Cervera