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U.S. Companies Call on Congress to Stop Production of Copycat THC Edibles

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A number of companies are cracking down on copycat cannabis edibles, meant to emulate well-known brands, through a letter led by the Consumer Brands Association sent to congressional lawmakers on Wednesday.

More than a dozen companies and industry trade association associates said this misleading packaging poses a public safety risk. The letter states that children are especially at risk, given the familiar nature of the band logos, characters, trademarks and trade dress on the THC-infused copycat products.

Signatories of the letter include Kellogg Company, PepsiCo, General Mills, American Bakers Association, Digital Citizens Alliance, Mondel?z International, American Herbal Products Association, Association for Dressings & Sauces and more.

“While cannabis (and incidental amounts of THC) may be legal in some states, the use of these famous mark—clearly without approval of the brand owners—on food products has created serious health and safety risks for consumers, particularly children, who cannot tell the difference between these brands’ true products and copycat THC products that leverage the brand’s fame for profit,” the groups said in their letter to Congress.

A press release announcing the letter from the Consumer Brands Association explicitly cites a study from the NYU School of Global Public Health, which found that copycat edibles subtly indicate cannabis content, even though they contain high amounts of THC and may be especially attractive to children.

Lead author Danielle Ompad said in the study’s release, “Policies to prevent cannabis packaging from appealing to children haven’t stopped copycat products from entering the market—nor have food brands taking legal action against cannabis companies for copyright infringement.”

The letter says the solution lies in Congress addressing the problem in existing legislation.

The associations and companies suggest revising a section of the SHOP SAFE Act that has been attached to broader manufacturing legislation heading to bicameral conferences. The operators said that expanding the bill to penalize companies selling “famous” marks that currently don’t meet the definition of “counterfeit” could help mend the issue.

The issue lies in the language of the act, which lacks the term “famous” marks, and signatories suggest adding the “famous” designation would resolve the issue. “Famous marks” already has a definition under federal statute referring to brands that are widely recognized by the U.S. consuming public as a “designation of source of the goods or services of the mark’s owner.”

“This change is critical because it closes a loophole in the existing language to address a critical health and safety issue,” the companies and associations said in the letter. “We urge your support.”

It’s a concern that appears to be shared by the general public. One Consumer Brands-Ipsos poll from October 2021 found that 85% of Americans want to see the government take a stronger hand in stopping cannabis copycat brands. A number of public officials have also issued warnings about the risk THC edibles in deceptive packaging pose to children.

This topic isn’t brand-new, either. During the Halloween season of 2021, attorneys general across multiple states warned parents of the dangers of these copycat edibles and their potential to confuse children.

“In light of an increase in accidental overdoses among children nationwide, it is more vital than ever that we do everything we can to curb this crisis and prevent any further harm, or even worse, death,” New York Attorney General Letitia James said in late October. “My office is committed to preventing the sale of these products and protecting the wellbeing of all New Yorkers. I urge everyone to remain vigilant against these products and to report these harmful items to my office immediately.”

Though activists often challenge the notion that people routinely give out free cannabis edibles to children during Halloween, it shows that the copycat trend has been ever-present in recent months.