Biden administration cracks down on ‘copycat food products’ with delta-8 THC

The Biden administration is cracking down on companies that make edible THC products that too closely mimic well-known snack brands, warning of the risk such products could pose to young children.

The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued letters to five companies Wednesday “for illegally selling copycat food products containing delta-8 THC and introducing them into the marketplace,” according to a press release.

They notified the companies that these actions violated the Federal Food, Drug, and Cosmetic Act, which, in part, requires products to be accurately and fairly labeled and packaged.

The FDA independently sent an additional letter to a sixth company warning of the same violation.

“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 Namandjé Bumpus said in a press release.

“The companies who sell these illegal products are demonstrating complete neglect for consumer safety,” Bumpus said, noting the “considerable health risks” of accidental or overconsumption.

The FDA, in the press release, expressed concern about the potentially “harmful” or “unpredictable” effects of the delta-8 THC products resulting from the synthesizing process that creates them.

The agency stressed, however, that of particular concern was the packaging, which the press release described as “almost indistinguishable from many popular snacks,” which “can be confusing for customers.”

The FDA included some examples of the copycat food products resembling the traditional snack brands: “Trips Ahoy!” resembling the traditional “Chips Ahoy!”; “Slushers,” which resembles “Gushers”; “Sizzles,” in the same style as “Skittles”; “Double Stuff Stoneo,” similar to “Double Stuff Oreo”; and “Flamin Hot Cheetos,” which is virtually identical to the traditional food product.

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

The FDA and FTC noted that, in July 2023, they took similar steps to warn six other countries against selling edible THC products that “could easily be confused for foods sold by popular national brands,” and all six companies no longer sell those products.

The letters ask the companies to respond within 15 working days explaining the actions they will take to address the stated violations and prevent them from happening again. They warned of the potential for legal action, “including product seizure and/or injunction,” if the companies fail to “promptly address the violations.”

The joint warning letters were issued to Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC and Life Leaf Medical CBD Center. The FDA’s independent letter was issued to GrowGod LLC.

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