FTC And FDA Send Cease & Desist Letters To Edible Companies Over Kid-Appealing Products

Yesterday, the FTC announced that, together with the FDA, the agency sent cease and desist letters to companies (Delta Munchies LLC, Exclusive Hemp Farms, Etienne-DuBois, LLC/Oshipt, Hemp Exchange, LLC, dba NC Hemp Shoppe, Dr. Smoke, LLC, aka Dr. S, LLC, Nikte's Wholesale, LLC, and The Haunted Vapor Room) that currently market edibles containing THC in packaging and labeling that the agencies' allege is concerningly appealing to children.

The announcement and letters highlight that many of the companies' products are sold in packaging that "mimic[s] well-known snack food brands by using similar brand names, logos, or pictures on packaging, and that consumers may confuse with traditional foods." Specifically, the agencies' emphasize that some of the products are "almost identical to many snacks and candy children eat, including Doritos tortilla chips, Cheetos cheese-flavored snacks, and Nerds candy" and more.

The letters assert that the companies may be in violation of Section 5 of the FTC Act because their marketing and advertising may present unwarranted health or safety risks, noting that imitating non-THC-containing food products that children consume is a practice the FTC considers misleading.

In addition to the FTC Act allegations, the letters also cite FDA-based concerns for THC-containing products, including that they "have not been evaluated or approved by FDA for safe use and may be marketed in ways that put the public health at risk," among other concerns.

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