Feds Send Cease-and-Desist Letters to Companies Marketing Delta-8 Products to Children by Imitating Popular Brands

The Federal Trade Commission (FTC) and Food and Drug Administration (FDA) on Tuesday sent cease-and-desist letters to five companies accusing them of marketing delta-8 THC products to children by using packaging similar to popular foods children often eat, including Froot Loops cereal and Chips Ahoy! cookies. 

In a statement, Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said companies “that prioritize profits in front of children’s safety are at serious risk of legal action.” 

“Companies that market and sell edible THC products that are easily mistaken for snacks and candy are not only acting illegally, but they are also putting the health of young children at risk.” — Levine in a press release 

The agencies sent letters to Levittown, Pennsylvania-based Hippy Mood; Murrells Inlet, South Carolina-based Life Leaf Medicinal CBD Center; Miami, Florida-based Mary Janes Bakery Co. LLC and Miami Rave; Cape Coral, Florida-based Earthly Hemps; and online retailer Shamrockshrooms.com. 

The products targeted by the agencies include Double Stuff Stoneo, which mimic Oreo cookies, Stoney Ranchers Hard Candy, a Jolly Rancher Hard Candy copycat, and Trips Ahoy!, among others.     

FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D, stated that “Inadequate or confusing labeling can result in children or unsuspecting adults consuming products with strong resemblance to popular snacks and candies that contain delta-8 THC without realizing it.” 

“As accidental ingestion and/or overconsumption of delta-8 THC containing products could pose considerable health risks, the companies who sell these illegal products are demonstrating complete neglect for consumer safety,” Bumpus said in a statement. “The FDA will continue to work to safeguard the health and safety of U.S. consumers by monitoring the marketplace and taking action when companies sell products that present a threat to public health.” 

In the letters, the FTC demands the companies immediately stop marketing edible delta-8 products that imitate conventional foods using advertising or packaging that is likely to appeal to young children.  

In 2023, the FDA and FTC sent warning letters to six companies that were marketing edible delta-8 products in packaging nearly identical to Doritos and Cheetos chips, and Nerds candy.