Feds issue warnings on ‘copycat’ delta-8 products that mimic popular foods

In a joint effort to curb the illegal sales of food products containing delta-8 THC, the U.S. Food and Drug Administration and the Federal Trade Commission said Tuesday they have warned five companies to stop marketing such products.

Because the packaging for these THC edibles mimics that of popular snack foods, the FDA said it is concerned they can be easily mistaken for traditional foods, prompting accidental ingestion or overconsumption, especially by kids.

“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,” FDA Principal Deputy Commissioner Dr. Namandjé Bumpus said in a news release on the warnings.

Delta-8 THC is the psychoactive ingredient in the cannabis sativa plant, of which marijuana and hemp plants are two varieties.

The FDA said it has given the companies 15 working days to address the violations and prevent future ones.

Last summer, the agencies issued similar warnings to six other companies selling products containing delta-8 THC, and those companies no longer have such products in stock, the agencies noted.

A spokesperson for Earthly Hemps, one of the companies issued a warning Tuesday, told CNN that it has not sold any of the products this year. The other companies did not respond to a request for comment.

The threat these “copycat” products pose is real: From Jan. 1, 2021, to Dec. 31, 2023, the FDA said it has received over 300 adverse event reports involving children and adults who consumed delta-8 THC products. That led the agency to issue its first warning to customers in June 2022.

The adverse effects included hallucinations, vomiting, tremor, anxiety, dizziness, confusion and loss of consciousness, the agency said. Nearly half of the cases involved hospitalization or emergency room visits.

“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,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in the FDA news release.

“Those that prioritize profits in front of children’s safety are at serious risk of legal action.”

Adverse reactions can be reported to the FDA using MedWatch or the Safety Reporting Portal.

“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 noted.

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