WASHINGTON D.C. — The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) have sent cease-and-desist letters to several companies for marketing Delta-8 THC edibles in packaging that closely resemble popular children’s snacks. This is the second year the agencies have taken such action.
“Companies marketing THC products that look like snacks and candy are acting illegally and endangering children’s health,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “Prioritizing profits over safety is a serious legal risk.”
FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D., highlighted the health risks: “Misleading packaging can lead to accidental consumption of Delta-8 THC by children or unsuspecting adults, posing significant health dangers.”
The letters were sent to Hippy Mood (Levittown, Pennsylvania); Life Leaf Medical CBD Center (Murrells Inlet, South Carolina); Shamrockshrooms.com (online only); Mary Janes Bakery Co. LLC and Miami Rave LLC (Miami, Florida); and Earthly Hemps (Cape Coral, Florida).
The FTC’s review of these products’ marketing suggests that their advertising may violate the FTC Act’s prohibition against unfair or deceptive practices. The letters stress that imitating non-THC foods familiar to children is particularly misleading and risky.
Examples include Hippy Mood’s Delta-8 THC cereals with packaging similar to popular children’s cereals, Life Leaf Medical CBD Center’s Delta-8 THC product resembling Nerds Rope candy, and Mary Janes Bakery Co. LLC and Miami Rave LLC’s “Trips Ahoy” cookies mimicking Nabisco’s Chips Ahoy packaging.
The FTC and FDA have ordered these companies to immediately stop using deceptive packaging and review their marketing practices to ensure consumer safety, especially for children. The companies must respond to the FTC within 15 days, detailing their actions to address these concerns.
Last year, the agencies issued similar warnings to six companies marketing Delta-8 THC products in packaging resembling snacks like Doritos and Cheetos.