Federal authorities have taken action against several companies that market edible products containing delta-8 tetrahydrocannabinol (THC) in packaging that closely resembles common snacks. This move comes in the form of cease and desist orders, with the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) jointly demanding a change in packaging style.
The companies on the receiving end of these letters are 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.
According to the authorities, a review of the companies’ online products led them to believe that these businesses have potentially violated Section 5 of the FTC Act, which prohibits unfair or deceptive practices that pose health and safety risks.
Some specific examples given include Dr. Smoke LLC, which sells THC-infused Doritos and Cheetos packaged in a manner nearly indistinguishable from the original products. Other companies market THC-infused items that closely resemble popular snacks like gummies and Nerds candy.
Samuel Levine, the director of the FTC’s Bureau of Consumer Protection, emphasized the importance of responsibly marketing these products, particularly in relation to child safety. He stated, “Marketing edible THC products that can easily be mistaken for regular foods is reckless and illegal.”
Janet Woodcock, the FDA’s principal deputy commissioner, also expressed concern over the potential risks to children, noting their vulnerability to the effects of THC. Woodcock remarked, “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.”
In addition to the action taken against THC-infused products, the FTC recently sent cease and desist letters to multiple sellers of cannabidiol, cautioning against advertising claims that suggest their products can prevent, treat, or cure human disease without reliable scientific evidence to support such assertions.
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