The Food and Drug Administration and the Federal Trade Commission have warned five companies for illegally selling copycat food products containing Delta-8 THC in violation of the Federal Food, Drug and Cosmetic Act (FD&C Act). The products could easily be mistaken for traditional foods like chips, candies and snacks from popular brands, the agencies said.
Companies that received warning letters were Hippy Mood, Levittown, Pennsylvania; Earthly Hemps, Cape Coral, Florida; Shamrockshrooms.com; Mary Jane's Bakery Co. LLC, Miami, Florida; and Life Leaf Medical CBD Center, Murrells Inlet, South Carolina. The FDA also issued a warning letter independently to the company GrowGod LLC, San Bernadino, California, for the same FD&C Act violations. All six of those companies no longer have such products in stock, the agencies said.
“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,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection. “Those that prioritize profits in front of children's safety are at serious risk of legal action.”
The companies have 15 working days to respond to the FDA on how they plan to address the violations, or they risk legal action.
Delta-8 is a substance found in the cannabis sativa plant, of which marijuana and hemp are two varieties, the agency said. Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk, the FDA said.
The FDA also warned consumers in June 2022 about consumption of food products containing Delta-8 THC. The agency said it received more than 300 adverse event reports from Jan. 1, 2021, through Dec. 31, 2023, related to children and adults who consumed edible products containing Delta-8.
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