The warning comes after growing reports of harmful delta-8 THC ingestion by children and unknowing adults.
The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have issued warnings to cannabis companies about their continued selling of “copycat” food products containing delta-8 THC.
According to the FDA website, delta-8 tetrahydrocannabinol, or delta-8 THC, is a psychoactive compound found in the cannabis sativa plant, which includes both marijuana and hemp varieties. Although delta-8 THC is one of over 100 cannabinoids naturally produced by the cannabis plant, it is present in very small amounts. However, nearly all the delta-8 THC available for purchase is lab-made using cannabidiol (CBD) from hemp plants, along with various chemicals. This synthetic delta-8 THC is much more potent than the small amounts naturally found in the cannabis plant.
“It is important for consumers to be aware that Delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets,” the FDA stressed.
Five companies, including Hippy Hood and Earthly Hemps, received the warnings, stating that they are violating the Federal Food, Drug, and Cosmetic Act. These products could potentially confuse buyers, particularly minors, into buying the popular snacks without realizing that they contain delta-8 THC. These THC-infused products look nearly identical to name-brand items, such as Chips Ahoy! or Flamin’ Hot Cheetos.
The FDA noted the potential danger of leaving these products on the market.
“Inadequate or confusing labeling can result in children or unsuspecting adults consuming products with a strong resemblance to popular snacks and candies that contain delta-8 THC without realizing it,” explained FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D., in the news release.
She added, “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 will continue to work to safeguard the health and safety of U.S. consumers by monitoring the marketplace and taking action when companies sell products that threaten public health.”
However, companies and consumers have known of this growing issue before. Over 300 cases of harmful ingestion of copycat products were reported from 2021 to 2023, which led to the FDA taking action. These effects, also documented in children, include hallucinations, vomiting, anxiety, and loss of consciousness.
Moreover, the process of synthesizing delta-8 THC could potentially leave impurities or variations in these items, which could result in more harm. To address these problems, the agencies are working to remove these “foods” from shelves.
“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,” explained 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 must submit written action plans within 15 days detailing how they will correct the issue. Failure to do so will result in further legal action.
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