Calling it the department’s largest-ever inspection sweep of hemp products, the Florida Department of Agriculture and Consumer Services (FDACS) announced enforcement actions against some companies marketing hemp products to young children.
Beginning in July and August of 2023, FDACS started statewide inspection sweeps specifically targeting the sale of hemp products that are attractive to children, which is prohibited by Florida law. The sweep included inspections of more than 700 businesses in all 67 Florida counties and uncovered over 83,000 packages of hemp products, including euphoric, high-potency THC products attractive to children. Since July 1, 2023, the department has uncovered over 668,000 packages of hemp products attractive to children.
In October 2023, FDACS conducted a food inspection at a Just Brands, LLC facility and found state ordinances violating. As a result, FDACS issued Stop Sale Orders for 215,154 hemp products.
In January of 2024, the department conducted a reinspection and that Just Brands, LLC had violated these orders by relocating the products, with shipments tracked to Chicago, Illinois. Subsequent inspections on January 29 and February 5, 2024, confirmed the removal of all 215,154 packages from the facility without permission by FDACS. Between December 6, 2023, and February 5, 2024, Just Brands moved, sold, or used all the packages subject to the Stop Sale Orders without the FDACS’s knowledge.
Also on April 2, 2024, FDACS conducted a food inspection at a High Roller Private Label, LLC facility and found over 186,000 packages of hemp products attractive to children in violation of state law. To prevent potential harm, FDACS issued stop-sale orders for 186,377 packages of hemp products and 644 packages containing synthetic cannabinoids, specifically “THC-O” and “HHCO.”
As a result of breaking Florida law, the two companies face fines and bans on products.
A five-year ban on the sale of any food products, including hemp products, in Florida for Just Brands, LLC; and a two-year ban on the manufacture of hemp gummies in Florida for High Roller Private Label, LLC.
Permit Revocation: Just Brands will accept a five-year revocation of its Food Permit, prohibiting the company from owning or operating any food establishment in Florida requiring a permit from FDACS, the Florida Department of Business and Professional Regulation, or the Florida Department of Health.
Payment of Enforcement Costs: Just Brands will reimburse FDACS a total of $60,500.00 for attorney’s fees and enforcement costs.
High Roller Private Label, LLC has agreed to the following terms:
Restriction on manufacture of hemp gummies: High Roller will cease the manufacture, distribution, and sale of gummy hemp extract products in Florida for two years.
Payment of Enforcement Costs:
High Roller will reimburse FDACS $5,000.00 for attorney’s fees and enforcement costs incurred during the dispute.
Florida Agriculture Commissioner Wilton Simpson worked with the Florida Legislature to reform Florida’s hemp laws to better protect consumers and children. Language included in the legislation were age requirements for the purchase of hemp products intended for human consumption and protecting Florida’s minors by prohibiting the sale of hemp products that are attractive to children.
“Prior to the changes made to Florida law in 2023, Florida’s hemp industry was out of control and products were being sold without restrictions, including allowing sales to children with marketing and packaging specifically targeting them. While I believe Florida’s laws need to be strengthened, make no mistake, we will use every inch of our current authority to protect Florida’s children from these products and go after those who violate the law,” said Commissioner Simpson.
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