The Federal Trade Commission and the Food and Drug Administration have ordered six companies to remove from their websites and stores THC-containing products that look “nearly identical” to treats that children enjoy, saying it would be easy for youngsters to inadvertently consume them.
“Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal,” Samuel Levine, the director of the FTC’s Bureau of Consumer Protection, said in a news release. “Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children.”
In addition to posing heath risks, the products could violate a federal law barring unfair or deceptive practices in commerce, the agencies wrote.
The products all contain delta-8 THC, a psychoactive component derived from hemp and therefore technically legal. Still, delta-8 THC is unregulated at the federal level, and the FDA noted in the letters that products containing it “have not been evaluated or approved by FDA for safe use.” Some users say it creates a milder high than that of delta-9 THC, which is found in marijuana — but the FDA has warned consumers about potential dangers. “The FDA has received reports of serious adverse events experienced by people who have consumed these products, such as hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness,” the agency said.
While the FDA is generally concerned about all foods containing delta-8 THC, the agencies specifically went after products that mimic popular candies and snacks. Regulators say that children and adults alike could be confused, causing them either to ingest the THC without realizing it or to consume more than they realize.
The companies that received the letters were Delta Munchies in Los Angeles; Exclusive Hemp Farms in Gilroy, Calif., North Carolina Hemp Exchange in Raleigh, Dr. Smoke in Kansas City, Nikte’s Wholesale in Albuquerque and the Haunted Vapor Room in Franklin, N.J.
One of the products with which regulators took issue was a bag sold by Dr. Smoke labeled Doritos, with colors and fonts almost indistinguishable from the genuine (non-THC-containing) product. The company also sells a product that mimics Cheetos in similar fashion. Others look like brand-name snacks with slight modifications: North Carolina Hemp Exchange was cited as offering products such as “Stoneos,” which resemble Oreos.
Diane Becker, that company’s manager, said the company removed four products from its website as instructed. Becker noted that her company did not manufacture the items but bought them from a distributor — as is likely to be the case with some of the other companies. “We understood their concern about the packaging of those particular products and relayed their concerns to the vendor that sold the products to us,” she said in an emailed statement.
The other five companies did not respond to requests for comment.
Becker also said that the letters and the problems they identify illustrate the need for clearer rules. “The FDA needs to promulgate regulations regarding hemp and CBD so that manufacturers and retailers like us have some guidelines and rules to follow,” she said. “We do not want to break rules; we just need to know what they are.”