Cannabis Regulator Quotes Jonathan Hyman and Jonathan Menkes on FTC and FDA Deceptive Packaging Enforcement Efforts

Jonathan Hyman and Jonathan Menkes, who co-chair Knobbe Martens’ CBD and legal cannabis group, were quoted by Cannabis Regulator in the article, “FTC and FDA Cracking Down on Deceptive Packaging.” The article discusses joint efforts by the U.S. Federal Trade Commission (FTC) and Food & Drug Administration (FDA) in trying to prevent the use of deceptive packaging by cannabis companies that may mimic the look of candy or well-known snack brands. While this type of marketing is not only deceptive to consumers, it can also be dangerous to children who may have access to these products that may contain THC.

Over the years, the FTC has monitored deceptive packaging not only for the way it claims to affect consumers such as curing certain disease, but also for the way it mimics the packaging of an existing candy or snack brand. “More recently, the FTC have been looking at products that are deceptive in the sense that they look like existing food products and mimic an existing candy, gummy, or chip,” said Hyman.

When discussing good practices for cannabis packaging, Menkes advises that companies should be original and mindful that their designs don’t come too close to any other products saying, “[i]f you see something that looks a lot like the product packaging from a major brand, that’s a big red flag. Some cannabis companies think they are being cute or funny, but multiple enforcement bodies (government agencies and brand owners) don’t find it funny.”

Read the full article here.