This week, the Biden administration took action by instructing six companies to immediately halt their unlawful sales of food items that contain cannabis and are designed to resemble popular snacks for children. The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued cease and desist letters to these companies, addressing their deceptive marketing tactics that make the products appear similar to well-known kids’ snacks such as Doritos, Cheetos, and Nerds candy. The FDA and FTC expressed concerns that these products could be accidentally consumed by children or mistakenly consumed in excessive doses by adults due to misleading packaging and advertising.
The six companies that received the letters are Delta Munchies, LLC; Exclusive Hemp Farms; North Carolina Hemp Exchange, LLC; Dr. Smoke, LLC; Nikte’s Wholesale, LLC; and The Haunted Vapor Room. The FDA highlighted that these imitation snacks contain varying levels of Delta-8 THC, a psychoactive compound derived from cannabis.
For instance, the FTC cited an example involving Dr. Smoke, LLC, which sells THC-infused ‘Doritos’ packaged in a manner nearly identical to Doritos Nacho Cheese Flavored Tortilla Chips. The packaging includes the same red background, the Doritos name and triangle logo, and even depicts two tortilla chips in the same position. Similarly, Dr. Smoke’s THC-infused ‘Cheetos’ are packaged in a way that closely resembles Cheetos Crunchy Flamin’ Hot Cheese Flavored Snacks, including the use of the Chester Cheetah mascot.
FDA Principal Deputy Commissioner Janet Woodcock, M.D., emphasized that children are particularly susceptible to the effects of THC, with many cases reported of children falling ill or requiring hospitalization after consuming edibles containing this substance. She warned that these products deliberately mimic well-known snack brands using similar names, logos, or images on the packaging, which may confuse consumers, especially children, who might mistake them for regular snack foods.
It’s important to note that Delta-8 THC has not undergone evaluation or received approval for safe usage by the FDA. The agency has received reports of serious adverse events associated with this substance, including hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness.
According to a study published in the journal Pediatrics, based on data from the National Poison Data System, more than 40% of reported cases of human poison exposure in 2020 involved children ingesting marijuana edibles. The study revealed a steady increase in pediatric ingestion of edibles from 2017 to 2021.
The FTC has determined that these imitation snacks may violate Section 5 of the FTC Act, which prohibits deceptive products or practices. Consequently, the FTC has sent “cease and desist” letters to the companies involved.
Samuel Levine, director of the FTC’s Bureau of Consumer Protection, stated that marketing THC-infused edibles that can easily be mistaken for regular food items by children is both unlawful and reckless. He emphasized the importance of companies ensuring the safe and responsible marketing of their products, particularly in safeguarding the well-being of children.
The six companies now have 15 days to respond and address the concerns raised by the FDA and FTC.
