The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have warned six companies for illegally selling copycat food products containing delta-8 THC. The products could easily be mistaken for traditional foods like chips, candies and snacks, the agencies said.
Companies that received warning letters were Hippy Mood, Levittown, Pennsylvania; Earthly Hemps Cape Coral, Florida; Shamrockshrooms.com, U.S.; Mary Janes Bakery Co. LLC, Miami Florida; Life Leaf Medical CBD Center, Murrells Inlet, South Carolina. The FDA also issued a warning letter independently to San Bernadino, California-based GrowGod LLC for the same Federal Food, Drug and Cosmetic (FD&C) Act violations.
This is the second set of letters from the FDA and FTC to companies selling products containing delta-8 THC in copycat packaging. In 2023 the agencies warned consumers about consumption of food products containing 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, said FDA Principal Deputy Commissioner Namandjé Bumpus.
“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 companies have 15 working days to respond to the FDA on how they plan to address the violations, or they risk legal action, the agency said.
The FDA said it 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.”
In May, an amendment was added to the 2024 Farm Bill draft that would ban hemp-derived and synthesized cannabinoid products. Rep. Mary Miller (R-Illinois) filed the amendment, which she says “was included to close the loophole that has allowed drug-infused THC products like delta-8 to be sold to teenagers in packaging that looks like candy. We must stop teenagers and children from being exposed to addictive and harmful drugs.”
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