FDA warns companies selling copycat food products containing delta-8 THC

The Food and Drug Administration and the Federal Trade Commission issued warning letters Tuesday to five companies selling illegal copycat food products containing delta-8 THC .

The THC-laced food products are sold in packaging that mimics foods sold by popular national brands, such as Chips Ahoy, Skittles, and Flamin’ Hot Cheetos, making it easy for consumers to confuse the products for traditional foods, according to the FDA.

“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 statement. “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.”

The FDA and FTC issued warning letters to Hippy Mood , Earthly Hemps , Shamrockshrooms.com , Mary Jane's Bakery Co. LLC , and Life Leaf Medical CBD Center .

The FDA also independently issued a warning letter to GrowGod LLC for the same violations.

The warnings are part of a joint effort between the two agencies to take action against companies selling the delta-8 THC-laced copycat products, which FDA officials say are easy to purchase and often accessible to youth.

Last year, the agencies issued similar warnings to six other companies, all of which no longer have the products in stock.

Delta-8 THC is a psychoactive substance from the Cannabis sativa plant, of which marijuana and hemp are two varieties.

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From Jan. 1, 2021, to Dec. 31, 2023, the FDA received over 300 adverse event reports involving children and adults who consumed delta-8 THC products, nearly half of which involved hospitalization or emergency department visits. The agency warned consumers in 2022 about the risk of children accidentally ingesting edible THC products.

FDA officials said they have given the five companies 15 working days to respond to the warning letters stating how they will address the violations and prevent future ones. If the companies fail to promptly address the violations, they may face legal action.