A regulatory wake-up call
Let's cut to the chase: six companies in the cannabis industry recently received a stern warning from both the FTC and FDA for their Delta-8 THC edibles packaging, landing them in what could only be described as the "What Were They Thinking?" hall of fame. These companies packaged their products in ways that mimicked popular kids' snacks—think Cheetos and Sour Patch Kids—raising both ethical and regulatory red flags.
Why this matters
Before diving into the implications, let's cover some Cannabis 101. Delta-8 THC is psychoactive, similar to the more familiar Delta-9 THC. In June 2022, the FDA issued an explicit warning about the risks of children accidentally consuming THC-infused foods, backed by an alarming number of poison control calls and adverse events. These weren't hypothetical risks but real incidents, some involving edibles that aped big-name brands.
Legality & Liabilities
The FTC and FDA are particularly concerned about these deceptive packaging practices, which they see as presenting "unwarranted health or safety risks." Both agencies have given these companies 15 working days to provide written steps they've taken to address these violations.
Key takeaways for your business:
- Consumer safety first: If you're in the edibles industry, this should be your north star. The risk of children accidentally ingesting THC products because of deceptive packaging isn't just hypothetical—it's a proven reality.
- Know the law: New to the cannabis game? Welcome. Now familiarize yourself with the Federal Trade Commission Act and the Federal Food, Drug, and Cosmetic Act. These aren't mere suggestions; they're laws that govern your product, irrespective of how new your sector is.
- Legal housekeeping: Seriously, get your compliance affairs in order. This warning isn't just for the six companies named—it's a clarion call for the entire industry. It's not just about staying in business; it's about responsible business conduct.
The art and science of effective packaging
From the compliance standpoint to the unboxing experience, a lot goes into designing the perfect cannabis package. Here is a holistic view of best practices in cannabis packaging.
- First impressions count: According to the Secretariat of the Seoul International Color Expo, 92.6% of people put the most importance on visual factors when purchasing products. Packaging is often the first point of interaction between your brand and the consumer, and you want to make it count.
- Consumer safety: Cannabis packaging must adhere to strict state guidelines to ensure consumer safety. Missteps can result in fines or license revocations. Labels should contain essential information like ingredients, proper dosage, health risks, and batch numbers.
- Brand loyalty: With 61% of people switching brands last year, your packaging is also an opportunity to build and sustain brand loyalty. It should reflect your brand's values and unique selling propositions. If you're new to the market, take the time to study other brands and understand your target demographic.
- Dosage: Clearly indicate the strength and dosage of your cannabis product, especially for edibles. Misunderstanding the strength could lead to unintended side effects, so make this information extremely accessible.
- Sustainability: With a growing focus on eco-friendliness, consider using sustainable materials like paper and glass for your packaging. A recent IBM report indicated that over 70% of consumers would pay more for brands that are environmentally responsible.
- Extra flair: Gloss coatings provide iridescent effects with a matte finish, while tactile coatings add textured elements. Originally limited to gold and silver, foil stamping now has a wide range of colors and can be used to accentuate any decorative element on your packaging.
- Collaborating with experts: Choose a packaging partner wisely. An SQF-certified manufacturer can assure that your products remain fresh and well-preserved. They can also guide you in choosing the most effective, compliant, and visually appealing packaging solutions.
The cannabis industry, including edibles and CBD products, has been experiencing explosive growth. As the market continues to expand, packaging plays a vital role in how these products are received by consumers. There's no better time than now to invest in thoughtful, compliant, and eye-catching packaging. It's not just about compliance; it's about creating a package that resonates with your brand ethos, grabs consumer attention, and stands the test of time in a rapidly evolving industry.
Team up with TC: your fast track to becoming an edibles industry leader!
Looking to elevate your edibles brand in a fast-evolving market? You don't have to do it alone—partner with TC. We specialize in keeping our ears to the ground and eyes on the ever-changing landscape of cannabis and hemp products. From identifying emerging trends to navigating regulatory shifts, we've got you covered. Subscribe to our newsletter and blog for up-to-date insights and breakthroughs in the cannabis world.
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