Feds crack down on edible cannabis product packaging that looks like popular snacks

The Federal Trade Commission is cracking down on companies that sell edible Delta-8 THC products in packages that resemble popular children’s snacks.

The options for edible cannabis products are growing. But the packaging of some of these products has caught the attention of the Federal Trade Commission,  and the agency doesn’t like it.

The packaging for some edible cannabis products looks too much like snacks that are popular with kids and the concern is that it could lead to children ingesting THC in high doses without realizing it.

The FTC and the Food and Drug Administration sent cease and desist letters to six companies that are currently marketing edible products containing Delta-8 THC in packaging that it says is almost identical to cookies, candy and snacks that are popular with kids.

Delta-8 THC is commonly derived from hemp-derived cannabidiol, known as (CBD), according to the FDA, and the laws regarding its regulation, including where it can be sold, may differ from those that cover marijuana.

“Even for adults, if they're not paying attention and reading the package, they can definitely bite off more than they wanted to chew. And they can have really unexpected and unwanted effects that they're not prepared for,” says Christine DeLorme, an attorney in the FTC’s Division of Advertising Practices. “It's even worse with kids because a lot of the kids who may get into these foods may not even be old enough to read. So even if the package does have some sort of clear disclaimer or language saying that it contains THC, that may not be sufficient for children.

The FTC is demanding that the companies stop marketing the products using advertising or packaging that is likely to appeal to young children and is encouraging the sellers to review all of their packaging and marketing for similar edible THC products.  They have been given 15 days to address the commission’s concerns.

If you do eat THC edibles, it's important to read the labels closely, note the serving sizes, and keep them out of the sight and reach of children and pets. 

“Some of the packaging may have some safety features, but again, that doesn’t really alleviate the FTC’s concern, which is that the packaging is so attractive to children that they will attempt to try to access the contents,” says DeLorme.  “If the packaging was just plain, without the bright colors, without the cartoon characters, children would not be interested in trying to open the packaging in the first place. “

A study published earlier this year in the journal Pediatrics found that more young children are getting sick from inadvertently eating marijuana edibles.  The study found that calls to poison control centers about kids five and under consuming THC edibles increased by a whopping 1375% from 2017 to 2021.

“As cannabis products become legalized in more and more states, certainly the variety and the number of these foods that are available is only growing,” says DeLorme.   “They're becoming more popular with consumers, and so this is definitely not the end. The FTC certainly will be keeping an eye on this space.”

For more details on the FTC warning and the companies involved, click here.