Debra BorchardtThe U.S. Food and Drug Administration and the Federal Trade Commission 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
- 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.
The products are sold in packaging that resembles other popular snacks, such as Cheetos or Chips Ahoy cookies, but the products inside contain extra ingredients. For example, GrowGod’s products, which are in bags that are identical to that of Flamin’ Hot Cheetos, contains psychoactive THC. Hippie Mood sells Trips Ahoy, which also contains THC, with a picture of a chocolate chip cookie on the front of the package.
“Inadequate or confusing labeling can result in children or unsuspecting adults consuming products with a strong resemblance to popular snacks and candies that contain delta-8 THC without realizing it,” FDA Principal Deputy Commissioner Namandjé Bumpus said. “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.”
Joint effort
In July 2023, the two agencies, which have been working together on the enforcement effort, warned six other companies about the same issue. None of those companies have such products in stock anymore.
The FDA said it was particularly concerned about the delta-8 THC products because they are easy to buy and appeal to minors. Another concern expressed by the agency revolves around 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.
The letters also highlighted the marketing efforts by the companies and advised them to change the packaging so that it does not appeal to children.
Adverse effects
The FDA said in its letter to GrowGod that from Jan. 1, 2021, through Dec. 31, 2023, it received more than 300 adverse event reports describing children and adults who consumed delta-8 THC products.
“Nearly half of the reports involved hospitalization or emergency department visits, and approximately two-thirds described adverse events after ingestion of delta-8 THC-containing food products such as candy or brownies,” the letter said.
The letter also stated that studies in animals have suggested that gestational exposure to delta-8 THC can interfere with neurodevelopment. It also noted that there is no delta-8 THC product approved as a food additive.
The companies have 15 days to address the issues in the violations.
