Attorney General Ford Signs Bipartisan Letter Urging Congress to Take Action on THC Copycat Products to Protect Children

June 22, 2022

Carson City, NV — Today, Nevada Attorney General Aaron D. Ford announced that he and Virginia Attorney General Jason Miyares have led a bipartisan coalition of 23 attorneys general urging Congress to take action regarding copycat THC edibles. In a letter sent to congressional leadership, the attorneys general explain that these products are designed to look like popular snack items and have increased accidental THC consumption in children.   

On June 16, the FDA issued a warning stating that between Jan. 1, 2021 and May 31, 2022, national poison control centers received 10,448 single substance exposure cases involving  edibleproducts containing THC. Of these cases, 77% involved patients 19 years of age or younger. 

Widely available and often easily mistaken for name brand snacks such as Oreo cookies, Doritos chips and others, 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 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 AG 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.”

While the attorneys general stress they do not all agree on the best regulatory scheme for cannabis and THC generally, they all agree that copycat THC edibles pose a grave risk to the health, safety and welfare of our children.

“As THC-infused edibles become commonplace, some distributers have started advertising their products to look like popular candy and snack items,” said Attorney General Miyares. “Their deceiving appearance and packaging can confuse young children who come across them and has 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.” 

The coalition argues 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 Ford and Miyares were joined by attorneys general from Alaska, Arkansas, California, Colorado, Connecticut, Florida, Kentucky, Indiana, Iowa, Maine, Nebraska, New Mexico, New York, North Carolina, Oregon, Oklahoma, South Carolina, South Dakota, Vermont, Utah and Washington.

The letter is attached