NPR report
Disagreement about the interpretation of the prohibition against products that are “attractive to children” isn’t new.
As Florida continues trying to prevent kids from getting drawn to intoxicating hemp products, state regulators are gearing up to define what a “cartoon” means — but industry insiders say the plan isn’t likely to resolve confusion over what’s allowed on packaging of gummies, sodas and other products.
The Florida Department of Agriculture and Consumer Services will hold a workshop Wednesday to take comments on a proposed rule seeking to carry out a 2023 law that prohibits hemp products from being “attractive to children.”
Under the law, “attractive to children” means “manufactured in the shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product such that a product could be mistaken for the branded product, especially by children; or containing any color additives.”
The proposed rule would define a cartoon as “any drawing or other depiction of an object, person, animal, creature, or any similar caricature” that meets certain criteria, including “the use of comically exaggerated features,” the “attribution of human characteristics” to animals, plants or other objects, or the “attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunnelling at very high speeds, or transformation.”
The proposal is part of a crusade by Agriculture Commissioner Wilton Simpson to crack down on hemp-based products that can appeal to children. Such products are available at smoke shops, gas stations and other retail stores. Agency inspectors have removed more than 800,000 products for child-protection violations since the 2023 law went into effect, according to a news release from Simpson’s office.
Some industry representatives say they would welcome tighter regulations if the rules would set clearer standards about what’s legitimate and what isn’t. They contend inspectors have too much leeway on how to interpret what’s attractive to children.
“The industry fully supports reasonable, well-defined regulations that protect public health and prevent youth access,” attorney Paula Savchenko, who represents clients across the hemp industry, told The News Service of Florida.
https://www.wusf.org/politics-issues/2025-08-12/why-cartoon-definition-key-issue-florida-hemp-debate
