Jul 10, 20232 min read

Cannabis Packaging Companies Targeted by FTC, FDA Over Child Safety Concerns

The Federal Trade Commission and the U.S. Food and Drug Administration on Wednesday jointly announced cease and desist letters they have sent to six companies marketing edible products with Delta-8 tetrahydrocannabinol, a component of cannabis, in packaging that regulators said “is almost identical to many snacks and candy children eat.” They demand that companies stop marketing these products in a way that imitates conventional foods.

According to the letters, after reviewing online marketing for Delta-8 THC products sold by the six companies, the FTC has determined that their advertising may violate Section 5 of the FTC Act, which prohibits unfair or deceptive acts in or affecting commerce, including practices that present unwarranted health or safety risks.

Some of the products cited in FTC-FDA cease and desist letters to companies selling THC products that look like snacks popular with children. Courtesy of Federal Trade Commission

“Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection, in Wednesday’s release.

The FTC and FDA letters are targeting a group of marketers whose products closely mimic popular snack and candy brands, including Doritos, Oreo, Jolly Rancher, and more products. The six companies that received the letters are based in California, Virginia, North Carolina, New Mexico, New Jersey and Missouri.

Additionally, California is considering a bill with provisions on cannabis labeling and advertising that aims to forbid avoid any packaging considered “attractive to children,” including packaging that could be “easily confused” with food products typically marketed to children. The California Cannabis Manufacturers Association has opposed the bill, saying it “will increase cost burdens on the licensed cannabis industry while empowering an unlicensed market that flagrantly markets to children.”

The Six Companies: