WASHINGTON, D.C. — The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have issued warning letters to five companies for selling illegal copycat food products containing delta-8 THC. These products have been introduced into the marketplace in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The companies targeted include Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC, and Life Leaf Medical CBD Center. Additionally, the FDA independently issued a warning to GrowGod LLC for similar violations.
Ongoing Efforts to Protect Consumers
These warning letters are part of a broader effort by the FDA and FTC to combat the sale of illegal delta-8 THC products. In July 2023, the agencies warned six other companies, which have since ceased selling such products. Delta-8 THC is a compound that can cause psychoactive effects similar to delta-9 THC found in marijuana.
Risks to Public Health
FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D., stressed the dangers of inadequate labeling. “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,” Bumpus said. Accidental ingestion of these products can lead to serious health risks, including hallucinations, vomiting, tremors, anxiety, and even loss of consciousness.
From Jan. 1, 2021, to Dec. 31, 2023, the FDA received over 300 reports of adverse events involving delta-8 THC, nearly half of which required hospitalization or emergency room visits. Many of these incidents involved children who accidentally ingested delta-8 THC products mimicking candy or other snacks.
The Danger of Copycat Packaging
The FDA is particularly concerned about these products because they are easily accessible and often marketed in packaging that closely resembles popular snack brands. This makes them especially appealing and dangerous to children. The manufacturing processes for delta-8 THC can also lead to impurities, making these products potentially harmful.
Legal and Safety Implications
Samuel Levine, director of the FTC’s Bureau of Consumer Protection, stated, “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.” Companies that fail to comply with these warnings may face legal actions, including product seizures and injunctions.
Next Steps
The FDA has requested written responses from the warned companies within 15 working days, detailing how they will address these violations and prevent their recurrence. The FDA encourages healthcare providers and consumers to report adverse reactions to FDA-regulated products through MedWatch or the Safety Reporting Portal.
The joint action by the FDA and FTC aims to protect consumers, especially children, from the risks posed by these misleading and potentially dangerous products.
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