Samuel Levine, the director of the FTC’s Bureau of Consumer Protection, stated that marketing THC products in a way that could be mistaken by children for regular foods is both reckless and illegal. He emphasized the importance of companies ensuring the safe and responsible marketing of their products, especially when it comes to protecting children’s well-being.
Apart from the potential health risks, the sale of these products could also violate federal laws on unfair or deceptive practices in commerce, as stated by the regulatory agencies.
While delta-8 THC, the psychoactive component derived from hemp and present in these products, is technically legal, it remains unregulated at the federal level. The FDA highlighted that products containing delta-8 THC have not been evaluated or approved for safe use, warning consumers about potential dangers. Reports of serious adverse events, including hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness, have been received by the FDA.
While the FDA expresses concerns about all foods containing delta-8 THC, the focus of the agencies’ actions is on products that closely resemble popular candies and snacks. The regulators argue that both children and adults could easily mistake these products for their regular counterparts, leading to unintended consumption or excessive intake.
The six companies that received cease-and-desist letters are Delta Munchies in Los Angeles, Exclusive Hemp Farms in Gilroy, California, North Carolina Hemp Exchange in Raleigh, Dr. Smoke in Kansas City, Nikte’s Wholesale in Albuquerque, and the Haunted Vapor Room in Franklin, New Jersey.
Among the products identified by regulators, a particularly concerning example is a bag sold by Dr. Smoke labeled as “Doritos,” which closely mimics the packaging of the genuine (non-THC-containing) product. Similarly, the company sells a product that strongly resembles Cheetos. Other identified products are brand-name snacks with minor modifications, such as “Stoneos” sold by North Carolina Hemp Exchange, which strongly resemble Oreos.
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