Last month, the FTC and FDA once again issued joint cease and desist letters to companies that currently market edibles containing THC, alleging that the products' packaging and labeling is concerningly appealing to children. This time, the companies include Hippy Mood, Life Leaf Medical CBD Center, Shamrockshrooms.com, Mary Janes Bakery Co. LLC and Miami Rave LLC, and Earthly Hemps.
If this sounds familiar, it's because the two agencies sent similar letters to certain companies last year. And if it sounds really familiar it's because in 2022, 23 state attorneys general asked Congress to address this issue, demanding that congressional leaders take action to prevent the sale of marijuana copycat products that resemble common, name-brand food products. And in 2021 New York Attorney General Letitia James issued an alert on the same topic, warning parents about deceptively packaged THC products.
You get the gist: packaging for THC products that is deceptively similar to children's' food has been and continues to be a concern for regulators. This time, the FTC and FDA's letters cited foods like "Double Stuff STONEOs" (a play on Oreos), "Stoney Ranchers" (a play on Jolly Ranchers), and "Trips Ahoy" (a play on Chips Ahoy).
The letters specifically demand that companies immediately stop marketing the THC products that "imitate conventional foods using advertising or packaging that is likely to appeal to young children" and urges them to review all of their marketing and product packaging for similar products. Additionally, the FTC asked each company to contact FTC staff within 15 days to detail the specific actions it is taking to address the concerns cited.
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