FDA Issue Warnings: The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued stern warnings to six companies caught illegally selling imitation food products laced with Delta-8 tetrahydrocannabinol (delta-8 THC).
The products in question, which include items like chips, cookies, candy, and gummies, closely resemble traditional snack foods, raising concerns about accidental ingestion, particularly by children, or unknowing consumption of high doses by adults.
The companies targeted in this regulatory action are Delta Munchies, Dr. Smoke LLC (also known as Dr. S LLC), Exclusive Hemp Farms/Oshipt, Nikte’s Wholesale LLC, North Carolina Hemp Exchange LLC, and The Haunted Vapor Room.
“Children are particularly susceptible to the effects of THC, with many having fallen sick or been hospitalized after consuming ‘edibles’ containing it,” said FDA Principal Deputy Commissioner Janet Woodcock, M.D.
“The products we’re warning against deliberately mimic popular snack brands using similar brand names, logos, or pictures on packaging that could easily be mistaken for conventional snack foods by consumers, particularly children. We’re equally concerned that adults could unintentionally consume them or ingest higher doses than anticipated, potentially leading to serious consequences.”
Delta-8 THC is a psychoactive substance derived from the Cannabis sativa plant, which encompasses both marijuana and hemp. It has not been evaluated or approved by the FDA for safe use in any context, including when added to food. Recent reports of adverse events associated with delta-8 THC, such as hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness, are further raising the FDA’s concerns.
The FDA is also troubled by the potential presence of harmful contaminants in delta-8 THC products due to the production methods utilized by some companies.
“Marketing edible THC products that can be easily mistaken by children for regular foods is both reckless and illegal,” emphasized Samuel Levine, director of the FTC’s Bureau of Consumer Protection. “Companies must ensure their products are marketed safely, particularly when it comes to protecting children.”
The FDA issued a previous warning to consumers about delta-8 THC food products in June 2022, after receiving over 125 adverse event reports related to both children and adults who consumed edible products containing delta-8 THC.
Consumers who believe a product has caused an adverse reaction or illness should immediately cease use and contact their health care provider. The FDA also encourages consumers and healthcare providers to report adverse reactions associated with FDA-regulated products using MedWatch or the Safety Reporting Portal.
The warning letters detail violations of the Federal Food, Drug, and Cosmetic Act related to adding delta-8 THC to conventional foods. The six companies have been given 15 working days to provide written responses outlining how they will address these violations and prevent future occurrences. Non-compliance could result in severe legal consequences, including product seizure or injunction.
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