The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have issued warnings to five companies in a joint effort to halt the illegal sales of copycat food products containing delta-8 THC, a psychoactive cannabinoid found in the Cannabis sativa plant.
The FTC and FDA have sent cease and desist letters to six companies marketing delta-8 THC edibles in packaging nearly identical to popular snacks like Froot Loops cereal and Chips Ahoy! cookies. The FDA expressed concern that these products could be easily mistaken for traditional foods, leading to accidental ingestion, especially by children. The agency also highlighted potential impurities and unpredictable effects from the synthesis of delta-8 THC.
“Inadequate or confusing labeling can result in children or unsuspecting adults consuming products that contain delta-8 THC without realizing it,” stated Dr. Namandjé Bumpus, FDA principal deputy commissioner, in a news release.
One of the companies, Earthly Hemps, claimed it has not sold any of the products cited in the warning this year. Other companies did not respond to CNN’s request for comment. The FDA has given the companies 15 working days to submit written responses detailing how they will address these violations and prevent future ones. Failure to comply may result in legal action.
The FDA and FTC are committed to protecting consumers from companies illegally selling copycat delta-8 THC food products. Previously, similar warnings were issued to six other companies, which have since ceased selling such products.
From January 2021 to December 2023, the FDA received over 300 reports of adverse events involving delta-8 THC products, leading to a consumer warning in June 2022. Reported effects included hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness. Nearly half of these cases required hospitalization or emergency department visits.
Between January 2021 and May 2022, national poison control centers handled 10,448 cases of single-substance exposure to THC-containing edibles, with 77% involving individuals aged 19 or younger. Of these cases, 65% were due to unintentional exposure, and 91% involved children. Tragically, one pediatric case resulted in death after consuming a suspected delta-8 THC edible.
“Companies marketing and selling edible THC products that are easily mistaken for snacks and candy are acting illegally and endangering young children,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection. “Those prioritizing profits over children’s safety are at serious risk of legal action.”
Consumers experiencing adverse reactions to these products are advised to stop using them immediately and seek medical advice. Adverse reactions can be reported to the FDA via MedWatch or the Safety Reporting Portal.
“As accidental ingestion and/or overconsumption of delta-8 THC products pose significant health risks, companies selling these illegal products are demonstrating complete neglect for consumer safety,” Bumpus added. “The FDA will continue to safeguard U.S. consumers’ health and safety by monitoring the marketplace and taking action against products that threaten public health.”
