FDA & FTC Send Warning Letters to 6 Cannabis Companies
The companies are illegally selling copycat food products containing delta-8 THC.
The US Food and Drug Administration and the Federal Trade Commission (FTC) issued warning letters to six companies for illegally selling copycat food products containing delta-8 THC online 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.
While states in the US govern over local dispensaries and sales, it is the federal government who regulates online sales throughout the US. These copycat food products containing delta-8 THC shows the need for FDA and FTC regulation.
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.”
Back 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.
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.
“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.”
Product packaging is fairly similar to many popular snacks, which 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.
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