FTC and FDA Warning Letters Continue to Weed Out Misleading Marketing of THC-Containing Products

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  • The FTC and the FDA have sent cease-and-desist letters to five companies alleging that their marketing of edible products containing Delta-8 tetrahydrocannabinol (THC) violates Section 5 of the FTC Act because the packaging misleadingly imitates non-THC products that children regularly consume.
  • Letters were sent to Hippy Mood; Life Leaf Medical CBD Center; Shamrockshrooms.com; Mary Janes Bakery Co. LLC and Miami Rave LLC; and Earthly Hemps. The letters detail the ways in which the companies’ THC products inappropriately mimic snack foods that appeal to children. For example, Hippy Mood sells its “Berry Boss Delta 8” in packaging that is extremely similar to that of Cap’n Crunch Crunch Berries.
  • The letters demand that the companies cease the misleading marketing practices and notify the FTC of actions they will take to address the concerns laid out in the letters.
  • The FTC and FDA had previously sent out cease-and-desist letters to six other companies making similar demands.
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