Image of Dr. Smoke THC-infused Doritos. Photo courtesy of the Federal Trade Commission.
In a joint effort, the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) have taken action against six companies that are producing edible cannabis products with packaging that bears a striking resemblance to snacks and candy, potentially appealing to children. Cease and desist letters were sent to these companies by the FTC and FDA, urging them to cease the production and sale of products containing delta-8 tetrahydrocannabinol (THC), a hemp-based substance closely related to the psychoactive delta-9 THC found in marijuana. Products such as Doritos tortilla chips, Cheetos cheese-flavored snacks, and Nerds candy are being imitated in their packaging.
The National Institutes of Health recognizes THC delta 9 as the major psychoactive compound and one of the 113 cannabinoids found in cannabis. Delta-8 THC products, on the other hand, are typically derived from hemp, which is commonly used for producing CBD products that are currently in high demand.
The companies that received the cease and desist letters are Delta Munchies LLC based in Los Angeles, Exclusive Hemp Farms located in Gilroy, Calif., North Carolina Hump Exchange LLC in Raleigh, N.C., Dr. Smoke LLC in Kansas City, Mo., Nikte’s Wholesale LLC in Albuquerque, N.M., and The Haunted Vapor Room in Franklin, N.J.
Samuel Levine, the director of the FTC’s Bureau of Consumer Protection, stated that marketing THC-infused edible products in packaging that can easily be mistaken for regular foods is not only reckless but also illegal. He emphasized the importance for companies to ensure the safe and responsible marketing of their products, especially in safeguarding the well-being of children. Janet Woodcock, the principal deputy commissioner of the FDA, echoed these concerns, highlighting the risks posed to children due to potential confusion between these copycat food products and their genuine counterparts.
Woodcock mentioned that children are more susceptible to the effects of THC and cited cases where children fell ill or required hospitalization after consuming edibles containing THC. Consequently, the FDA is issuing warnings to several companies involved in selling these imitative food products containing delta-8 THC, as they can easily be mistaken for popular snacks, potentially leading to unintended high doses being ingested by young children unknowingly.
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