The U.S. Food and Drug Administration (FDA) and the U.S. Federal Trade Commission (FTC) have issued warning letters to five companies for illegally selling food products containing delta-8 tetrahydrocannabinol (THC) that are branded to resemble popular snack products, effectively introducing the edibles into the marketplace in violation of the Federal Food, Drug, and Cosmetic Act (FFDC Act). Inadequate or confusing labeling can result in children or unsuspecting adults unwittingly consuming psychoactive delta-8 THC products, due to strong resemblance to popular snacks and candies.
The warning letters were issued to companies Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC, and Life Leaf Medical CBD Center. FDA also issued a warning letter independently to the company GrowGod LLC for the same FFDC Act violations. 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.
These warnings serve as part of FDA and FTC’s ongoing joint effort to take action against companies selling illegal copycat food products containing delta-8 THC. In June 2023, the two agencies worked together to warn six other companies 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.
In June 2022, FDA warned consumers about children accidentally ingesting food products containing delta-8 THC. Between January 1, 2021 and December 31, 2023, 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 FDA as they are extremely easy to purchase and are often available to youth. The agency 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 recently warned illegally sell copycat food products containing delta-8 THC, including chips, cookies, gummies, or other foods that mimic well-known snack brands by using similar brand names, logos, or pictures on packaging that consumers, especially children, may confuse with traditional foods.
