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Companies selling Delta-8 edibles get cease and desist letters on packaging

Dr. Smoke's THC-infused Doritos chips mimic the authentic snack's packaging and could mislead children, the Federal Trade Commission said. Photo courtesy of the Food and Drug Administration
Dr. Smoke's THC-infused Doritos chips mimic the authentic snack's packaging and could mislead children, the Federal Trade Commission said. Photo courtesy of the Food and Drug Administration

July 5 (UPI) -- The Federal Trade Commission and the Food and Drug Administration on Wednesday sent cease and desist letters to six companies making edible cannabis products in packaging that appears similar to those that could attract children.

The FTC and FDA said products containing delta-8 tetrahydrocannabinol, a hemp-based product similar to the more potent and commonly familiar delta-9 THC produced by marijuana, is being sold in packaging that is almost identical to many snacks and candy that children eat, including Doritos tortilla chips, Cheetos cheese-flavored snacks, and Nerds candy.

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THC delta 9 is the major psychoactive component and one of the 113 cannabinoids recognized in cannabis, according to the National Institutes of Health. THC delta 8 products typically are made with the use of hemp, which is commonly used to produce today's highly popular CBD products.

Companies receiving the cease and desist letter include: Delta Munchies LLC, of Los Angeles; Exclusive Hemp Farms, in Gilroy, Calif.; North Carolina Hump Exchange LLC, in Raleigh, N.C.; Dr. Smoke LLC, in Kansas City, Mo.; Nikte's Wholesale LLC, in Albuquerque, N.M.; and The Haunted Vapor Room, in Franklin, N.J.

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"Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal," Samuel Levine, director of the FTC's Bureau of Consumer Protection, said in a statement. "Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children."

Levine said companies need to take more aggressive in making sure their packaging cannot be mistaken by children. Janet Woodcock, principal deputy commissioner of the FDA said such possible confusion puts children at risk.

"Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized after eating 'edibles' containing it," Woodcock.

"That's why we're issuing warnings to several companies selling copycat food products containing delta-8 THC, which can be easily mistaken for popular foods that are appealing to children and can make it easy for a young child to ingest in very high doses without realizing it."

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