FDA, FTC Issue Warning Letters to
Companies Selling Food Products Containing Delta-8 THC That Mimic
Chips, Candies and Snacks from Popular National Brands
SILVER
SPRING, Md., July 16,
2024 /PRNewswire/ -- Today, the U.S. Food and Drug
Administration and the Federal Trade Commission (FTC) issued
warning letters to five companies for illegally selling copycat
food products containing delta-8 THC and introducing them into the
marketplace in violation of the Federal Food, Drug, and Cosmetic
Act (FD&C Act). The warning letters were issued to: Hippy Mood,
Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co.
LLC and Life Leaf Medical CBD Center. The FDA also issued a
warning letter independently to the company GrowGod LLC for
the same FD&C Act violations.
These warnings serve as part of the FDA and FTC's ongoing joint
effort to take action against companies selling illegal copycat
food products containing delta-8 THC. In July 2023, the two agencies worked together to
warn six other companies for selling edible food products
containing delta-8 THC in packaging that could easily be confused
for foods sold by popular national brands. All six of those
companies no longer have such products in stock.
"Inadequate or confusing labeling can result in children or
unsuspecting adults consuming products with strong resemblance to
popular snacks and candies that contain delta-8 THC without
realizing it," said FDA Principal Deputy Commissioner Namandjé
Bumpus, Ph.D. "As accidental ingestion and/or overconsumption of
delta-8 THC containing products could pose considerable health
risks, the companies who sell these illegal products are
demonstrating complete neglect for consumer safety. The FDA will
continue to work to safeguard the health and safety of U.S.
consumers by monitoring the marketplace and taking action when
companies sell products that present a threat to public
health."
In June 2022, the FDA warned
consumers about children accidentally ingesting food products
containing delta-8 THC. From Jan. 1,
2021, to Dec. 31, 2023, the
FDA received over 300 adverse event reports involving children and
adults who consumed delta-8 THC products. Nearly half of these
reports involved hospitalization or emergency department visits,
and approximately two-thirds of these adverse events followed
ingestion of delta-8 THC-containing food products such as candy or
brownies. Adverse events included, but were not limited to,
hallucinations, vomiting, tremor, anxiety, dizziness, confusion,
and loss of consciousness.
Copycat food products containing delta-8 THC are particularly
concerning to the FDA as they are extremely easy to purchase and
are often available to youth. The FDA is also concerned about the
processes used to synthesize delta-8 THC, as impurities or
variations in the composition process can result in products that
may be harmful or have unpredictable effects on consumers.
In addition, packaging that is almost indistinguishable from
many popular snacks can be confusing for consumers. Several of the
companies warned today illegally sell copycat food products
containing delta-8 THC, including chips, cookies, gummies or other
snacks that mimic well-known snack food brands by using similar
brand names, logos, or pictures on packaging that consumers,
especially children, may confuse with traditional foods. See
below:
"Companies that market and sell edible THC products that are
easily mistaken for snacks and candy are not only acting illegally,
but they are also putting the health of young children at risk,"
said Samuel Levine, director of the FTC's Bureau of Consumer
Protection. "Those that prioritize profits in front of children's
safety are at serious risk of legal action."
The FDA encourages health care providers and consumers to report
adverse reactions associated with FDA-regulated products to the
agency using MedWatch or the Safety Reporting Portal.
The FDA has requested written responses from the companies
within 15 working days stating how they will address these
violations and prevent their recurrence. Failure to promptly
address the violations may result in legal action, including
product seizure and/or injunction.
Additional Resources:
- FDA, FTC Warn Six Companies for Illegally Selling Copycat Food
Products Containing Delta-8 THC
- FDA Issues Warning Letters to Companies Illegally Selling CBD
and Delta-8 THC Products
- FDA Warns Consumers About the Accidental Ingestion by Children
of Food Products Containing THC
- FDA Warns Companies for Illegally Selling Food and Beverage
Products that Contain CBD
- FDA Warns Companies Illegally Selling CBD Products
- FDA Regulation of Cannabis and Cannabis-Derived Products,
Including Cannabidiol (CBD)
Media Contact: Courtney
Rhodes, 202-281-5237
Consumer Inquiries: 888-INFO-FDA
The FDA, an agency within the U.S.
Department of Health and Human Services, protects the public health
by assuring the safety, effectiveness, and security of human and
veterinary drugs, vaccines and other biological products for human
use, and medical devices. The agency also is responsible for the
safety and security of our nation's food supply, cosmetics, dietary
supplements, products that give off electronic radiation, and for
regulating tobacco products.
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SOURCE U.S. Food and Drug Administration