Attorney General Miyares argues Congress to take action to protect children on THC look-alike products

Attorney General Jason Miyares submitted a bipartisan letter to Congress, joined by 21 other attorneys general, urging them to take action regarding copycat tetrahydrocannabinol, commonly knowns as THC, food, and edibles. These products are designed to look like popular snack items and have increased accidental THC consumption by children.

On June 16, the FDA issued a warning that between Jan. 1 – May 31, 2022, the National Poison Control Center received 10,448 single substance exposure cases involving edible products containing THC. Of these cases 77% involved patients 19 years of age or younger.

THC is a psychoactive substance found in Cannabis plants. Widely available, and easily mistaken for name-brand snacks such as Oreo cookies, Doritos chips, Cheetos, NERDs, and more, THC copycat products often are unintentionally given to children or mistaken by children for the brand name snack products, resulting in unsuspecting children ingesting large amounts of THC.

“As THC-infused edibles become commonplace, some distributors have started advertising their products to look like popular candy and snack items. Their deceiving appearance and packaging can confuse young children who come across them and have led to an increase in accidental consumption, putting their health at risk. To address this growing issue, I’m urging Congress, with a bipartisan coalition, for a comprehensive legislative solution,” said Attorney General Miyares.

“As states across the country, including my own, take steps to legalize and regulate cannabis, rules have been put in place to protect children from unwitting consumption,” said co-lead Nevada Attorney General Ford. “However, there are those who attempt to work around these rules. Copycat products that mimic snacks and candy trademarks can entice children, leading to situations that can threaten their health and safety. We urge Congress to pass legislation granting these trademark holders the legal tools needed to hold these counterfeiters accountable.”

“Tackling the proliferation of online THC copycat edible sales and their potential harm to children requires a layered approach from all stakeholders, from law enforcement and policymakers to regulators and consumer groups, to be effective in reining in this health and safety issue. Consumer Brands welcomes the dedicated efforts of Attorney General Miyares to be a leader in bringing attention and action to this issue,” said Stacy Papadopoulous, Consumer Brand Association.

The attorneys general state that while they do not all agree on the best regulatory scheme for cannabis and THC, they all agree on one thing: copycat THC edibles pose a grave risk to the health, safety, and welfare of our children.

The attorneys general believe that Congress should immediately enact legislation authorizing trademark holders of well-known and trusted consumer packaged goods to hold accountable those malicious actors who are marketing illicit copycat THC edibles to children.

Attorneys General from Alaska, Arkansas, California, Colorado, Connecticut, Florida, Kentucky, Indiana, Iowa, Maine, Nebraska, Nevada, New Mexico, New York, Oregon, Oklahoma, South Carolina, South Dakota, Vermont, and Washington joined Attorney General Miyares’ letter.

Read the letter here.