FDA, FTC issue warnings to companies selling copycat snacks with delta-8 THC

By Maya Davis, CNN

(CNN) — The US Food and Drug Administration and the Federal Trade Commission issued warnings to five companies Tuesday as part of a joint effort to crack down on illegal sales of copycat food products containing delta-8 THC.

Delta-8 THC is the psychoactive cannabinoid from the Cannabis sativa plant, of which marijuana and hemp plants are two varieties.

The packaging for the THC edibles looks strikingly similar to that of popular foods such as Froot Loops cereal and Chips Ahoy! cookies.

The FDA has said it is concerned that these products can be easily mistaken for traditional foods, leading to accidental ingestion or overconsumption. The agency specifically cited concerns about the easy availability of these products to young people and potential impurities or unpredictable effects from processes used to synthesize delta-8 THC.

“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,” Dr. Namandjé Bumpus, FDA principal deputy commissioner, said in a news release Tuesday.

A spokesperson for Earthly Hemps, one of the companies that were issued letters, said it has not sold any Dr. Blaze THC Delta-8 Slushers, Doweedos Delta-8 Chips or Delta-8 Weedos this year. The other companies have not responded to CNN’s request for comment.

The FDA says it has given the companies 15 working days to submit written responses detailing how they will address these violations and prevent future ones. If the violations are not promptly addressed, the agency may take legal action.

The FDA and the FTC say they are continuing to collaborate to “protect consumers against companies illegally selling copycat delta-8 THC food products.”

The agencies have previously issued similar warnings to six other companies selling products containing THC, and those companies no longer have such products in stock, the agencies noted.

From January 1, 2021, to December 31, 2023, the FDA received over 300 adverse event reports involving children and adults who consumed delta-8 THC products, prompting the agency to issue a warning to customers in June 2022.

These adverse effects have included hallucinations, vomiting, tremor, anxiety, dizziness, confusion and loss of consciousness, the agency said. Nearly half of the cases involved hospitalization or emergency department visits.

Between January 1, 2021, and May 31, 2022, national poison control centers handled 10,448 single substance exposure cases involving edible products containing THC, 77% of them for people 19 or younger, the FDA said in the warning. Of those cases, 65% were due to unintentional exposure to edible THC-containing products, and 91% of those were children. One of these pediatric cases ended in death after the person consumed a suspected delta-8 THC edible, according to the FDA.

“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,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in Tuesday’s release. “Those that prioritize profits in front of children’s safety are at serious risk of legal action.”

Consumers who notice a reaction or illness after using a product are advised to immediately stop using it and contact a health care provider. Adverse reactions associated with FDA-regulated products can be reported to the FDA using MedWatch or the Safety Reporting Portal.

“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,” Bumpus said.

“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.”

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