Commissioner Wilton Simpson Announces Historic Enforcement Actions Against Hemp Companies for Violations of Florida Law
~ Enforcement actions include multi-year revocation of food permit and prohibition of hemp gummy production ~
TALLAHASSEE, Fla. – Today, Florida Commissioner of Agriculture Wilton Simpson announced enforcement actions against Just Brands, LLC and High Roller Private Label, LLC for selling and manufacturing hundreds of thousands of hemp products attractive to children in violation of s. 581.217(7), F.S. The enforcement actions include 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.
“One of my top responsibilities as Florida’s Commissioner of Agriculture is ensuring the safety of our food and protecting Florida’s consumers, especially our children. These historic enforcement actions mark a significant step in our ongoing efforts to protect kids over profits and rein in the hemp industry in Florida,” said Commissioner Wilton Simpson. “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.”
On October 31, 2023, FDACS conducted a food inspection at a Just Brands, LLC facility and found violations, including the sale of hemp products attractive to children in violation of s. 581.217(7), F.S. As a result, FDACS issued Stop Sale Orders for 215,154 hemp products. During a reinspection on January 22, 2024, FDACS discovered 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.
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 s. 581.217(7), F.S. 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.”
Settlement Terms:
Just Brands, LLC has agreed to the following terms:
- 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 Department of Business and Professional Regulation, or the 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.
- Dismissal of Pending Actions: Just Brands will file appropriate documents to dismiss the proceedings pending before the Southern District of Florida in Case Number 23-cv-62081.
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.
During the 2023 legislative session, Commissioner Wilton Simpson worked with the Florida Legislature to reform Florida’s hemp laws to better protect consumers and children. SB 1676 added age requirements for the purchase of hemp products intended for human consumption, protected Florida’s minors by prohibiting the sale of hemp products that are attractive to children, protects consumers by mandating that products sold in Florida be packaged in a safe container, and holds hemp products that are intended for human consumption to the same health and safety standards as other food products.
To enforce the law, the department conducted the largest ever inspection sweep of businesses selling products that contain hemp extracts in July and August of 2023. The statewide inspection sweeps specifically targeted 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.
For more information about Commissioner Simpson and the Florida Department of Agriculture and Consumer Services, visit FDACS.gov.
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