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FDA and FTC Sends Warning Letters to Delta-8 THC Brands Over Their Child-Friendly Packaging

By Leo Bear-McGuinness

Published: Jul 06, 2023   
Gummies and cannabis leaves.

Image credit: iStock

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The US Food and Drug Administration (FDA) and the Federal Trade Commission (FTA) have sent cease-and-desist letters to six companies that market delta-8 THC edibles in the style of popular brands such as Doritos tortilla chips, Cheetos cheese-flavored snacks, and Nerds candy.

The FTC say this kind of marketing is “reckless” as the emulated products are appealing to children.

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

“Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children.”

The two federal agencies sent letters to the following companies:

  • Delta Munchies LLC (Los Angeles, California).
  • Exclusive Hemp Farms (Gilroy, California) and Etienne-DuBois, LLC/Oshipt (Henrico, Virginia).
  • North Carolina Hemp Exchange, LLC, dba NC Hemp Shoppe (Raleigh, North Carolina).
  • Dr. Smoke, LLC, aka Dr. S, LLC (Kansas City, Missouri).
  • Nikte's Wholesale, LLC (Albuquerque, New Mexico).
  • The Haunted Vapor Room (Franklin, New Jersey).

Dr. Smoke THC-infused Doritos. Image credit: the FTC.

After reviewing online marketing for delta-8 THC products sold by the six companies, the FTC determined that their advertising may violate Section 5 of the FTC Act, which prohibits unfair or “deceptive” commerce, including practices that present unwarranted health or safety risks.

The letters stress that preventing practices that present such risks, particularly to children, is one of the FTC’s highest priorities, and that imitating non-THC-containing food products that children consume is misleading.

In the letters, the FTC demands the six companies stop marketing their child-friendly delta-8 edibles. The organization also strongly encourages the sellers to review all their product packaging and withdraw any similar products.

Finally, the FTC has asked each company to contact agency staff within 15 days to detail the specific actions it has taken to address the commission’s concerns.


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