Feds call out companies making Delta-8 products that resemble kids' treats

The Ohio Department of Commerce's recently-created Division of Cannabis Control has issued a consumer alert after federal agencies sent cease and desist letters to several companies that make Delta-8 edibles packaged in ways that resemble popular children's snack foods.

According to a press release from the FTC, the cease and desist letters were sent to five different companies that manufacture the edibles; none are based in the Tri-State, but similar products are sold in the region.

Last summer, an 8-year-old boy in Northern Kentucky was hospitalized after eating a Delta-8 gummy believing it was candy. The child was able to purchase a product called "Nerdy Bears" that came in packaging that very closely resembled the packaging for Nerds Rope, which is candy. One single gummy bear was 10 servings.

Maddy Schmidt

One of the recent cease and desist letters sent by the FTC went to Life Leaf Medical CBD Center in South Carolina specifically over the business's sale of "a Delta-8 THC product that strongly resembles Nerds Rope candy, with both products comprising multi-colored crunchy candies attached to a gummy rope."

There have been multiple other instances of children in the Greater Cincinnati region being sickened or hospitalized after consuming Delta-8 or THC-laced products this year alone.

In February, two Colerain Middle School students were taken to the hospital after principal Ali Moore said they'd eaten "cannabis-infused gummy bears."

Two months later, in Westwood, four children accidentally ate THC-laced candy at a YMCA camp. Those children were not hospitalized, but guardians of the children were called to pick them up.

In May, a Boone County man and woman were arrested and charged with wanton endangerment after a 4-year-old girl was found unconscious after eating a THC gummy.

Other products cited by the FTC as too closely resembling treats for children included laced cookies with packaging similar to Chips Ahoy! and Oreos, products that mimic cereal mascots and logos,

It's the second time in as many years that the Federal Trade Commission and U.S. Food and Drug Administrations have issued such letters.

In 2023, the agencies issued six letters to companies over products that closely mimicked Doritos, Nerds Rope candy and Cheetos.

Governor Mike DeWine has called for legislation to officially ban sales of Delta-8 products to kids .

“Because of a loophole in the law, Delta-8 can be sold as hemp without the warning labels and age restrictions associated with marijuana,” DeWine said during his April State of the State address.

Kentucky Governor Andy Beshear signed an executive order in 2022 that regulated how Delta-8 products are packaged and sold within the Commonwealth.

The companies issued the cease and desist letters must contact the FTC within 15 days to detail actions taken to address the agency's concerns.