FDA, FTC Warn 6 Companies for Illegally Selling Delta-8 Products

Copycat food items mimic Doritos, Cheetos, Nerds
Delta-8 products
Photograph courtesy of the Federal Trade Commission

The Food and Drug Administration and the Federal Trade Commission have warned six companies for illegally selling copycat food products containing Delta-8 THC. The products could easily be mistaken for traditional foods like Doritos chips, Cheetos snacks and Nerds candy, the agencies said.

Companies that received warning letters were Delta Munchies, Los Angeles; Dr. Smoke LLC (also known as Dr. S LLC), Kansas City, Missouri; Exclusive Hemp Farms/Oshipt, Gilroy, California; Nikte’s Wholesale LLC, Albuquerque, New Mexico; North Carolina Hemp Exchange LLC, Raleigh, North Carolina; and The Haunted Vapor Room, Franklin, New Jersey.

The products intentionally mimic well-known snack food brands by using similar brand names, logos or pictures on the packaging, making it easy for consumers—especially children—to confuse them with traditional snack foods, FDA Principal Deputy Commissioner Janet Woodcock said.

“Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized after eating edibles containing it,” she said. “We’re also concerned that adults could unintentionally take them or take a higher dose than expected and suffer serious consequences. This risk is especially dangerous for those who are driving, working or have other responsibilities. The FDA remains committed to taking action against any company illegally selling regulated products that could pose a risk to public health.”

The companies have 15 working days to respond to the FDA on how they plan to address the violations, or they risk legal action. The FTC said their advertising may violate the FTC Act, which prohibits unfair or deceptive acts in or affecting commerce.

Delta-8 is a substance found in the cannabis sativa plant, of which marijuana and hemp are two varieties, the FDA said. It has psychoactive and intoxicating effects that may be dangerous to consumers, and it has not been evaluated or approved by the FDA for safe use in any context, including when added to food, the agency said.

The FDA also warned consumers in June 2022 about consumption of food products containing Delta-8 THC. The agency received more than 125 adverse event reports from Jan. 1, 2021, through May 31, 2022, related to children and adults who consumed edible products containing Delta-8.

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