State attorneys general urge Congress to prohibit copycat-brand cannabis edibles

A group of state attorneys general, including California Attorney General Rob Bonta, are urging Congress to enact legislation allowing food and candy makers to enforce their trademarks against copycat cannabis-infused edibles.

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Bonta, along with attorneys general of Virginia, Nevada, Alaska, Arkansas, Colorado, Connecticut, Florida, Kentucky, Indiana, Iowa, Maine, Nebraska, New Mexico, New York, North Carolina, Oregon, Oklahoma, South Carolina, South Dakota, Utah, Vermont, and Washington, sent a letter to Congressional leaders, outlining their request.

“While cannabis-infused edibles packaged to look like our favorite brands may seem harmless and fun, these illegal and unregulated products may be dangerous, particularly for children,” Bonta said. “In California, we have a safe, regulated, and legal cannabis market, but we need creative solutions to protect against illegal and unsafe products, so consumers can feel confident in the products they are purchasing and the legal market can thrive. I urge Congress to pass legislation to allow these popular consumer brands to enforce their trademarks against copycat cannabis products.”

Last year, Bonta issued a consumer alert warning Californians of cannabis-infused edibles packaged and sold as copycat versions of popular brands, such as Cheetos, Fruity Pebbles, and Sour Patch Kids. He said these products, which are unregulated, are marketed to children and teens and often boast levels of THC at many times the legal limit.

In recent years, California has seen an uptick in pediatric exposure and ICU visits related to cannabis edibles. It has also seen an increase in children as young as 12 who intentionally use cannabis products. In 2020, there were 1,173 calls to the Poison Control Center for services related to children aged 0-19 ingesting cannabis products, up from 404 calls in 2016. Also, California has seen a rise in emergency room visits related to cannabis poisoning among young children.

Californians who encounter lookalike cannabis-infused edibles should file a complaint with the California Department of Justice and with the California Department of Cannabis Control.