FDA, FTC Warn Against Illegal Sale Of Copycat Food Products With Delta-8 THC
U.S. Federal regulators have warned against six companies for illegally selling copycat food products containing Delta-8 tetrahydrocannabinol, also known as delta-8 THC, a substance with psychoactive and intoxicating effects.
The U.S. Food and Drug Administration and the Federal Trade Commission issued warning letters to Delta Munchies; Dr. Smoke LLC, also known as Dr. S LLC; Exclusive Hemp Farms/Oshipt; Nikte’s Wholesale LLC; North Carolina Hemp Exchange LLC; and The Haunted Vapor Room.
The action has been taken as the agencies are concerned that these Delta-8 THC containing products can be accidentally ingested by consumers, including children, or taken in higher doses than intended.
There is also concern that these companies are producing delta-8 THC in ways that could result in products with harmful contaminants.
The affected companies face legal action if not given written responses within 15 working days about their proposed measures to address these violations and prevent their recurrence.
Delta-8 THC is a substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. The substance may be dangerous to consumers, and the FDA has not evaluated or approved it for safe use in any context, including when added to food.
These illegal copycat food products with delta-8 THC can easily be mistaken for traditional foods like chips, cookies, candy, gummies or other snack food items that are appealing to children.
The FDA has received reports of serious adverse events experienced by people who have consumed these products, such as hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness.
FDA Principal Deputy Commissioner Janet Woodcock said, “The products we are warning against intentionally mimic well-known snack food brands by using similar brand names, logos, or pictures on packaging, that consumers, especially children, may confuse with traditional snack foods. We’re also concerned that adults could unintentionally take them or take a higher dose than expected and suffer serious consequences. This risk is especially dangerous for those who are driving, working, or have other responsibilities.”
Consumers, who think that a product might have caused a reaction or an illness, are asked to immediately stop using the product and contact their health care provider.
Health care providers and consumers are also asked to report adverse reactions associated with FDA-regulated products to the agency using MedWatch or the Safety Reporting Portal.
In June 2022, the FDA had warned consumers about consumption of food products containing delta-8 THC. The warning was issued after it received reports of over 125 adverse event from January 1, 2021, through May 31, 2022, related to children and adults who consumed edible products containing delta-8 THC. Of these reports, ten specifically mentioned that the edible product was a copycat of popular snack foods.
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