FDA Cracks Down on Cannabis Companies for Marketing THC Products as Popular Snacks

The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have issued stern warnings to cannabis companies for selling “copycat” food products containing delta-8 THC, following increasing reports of harmful ingestion by children and unsuspecting adults.

Understanding Delta-8 THC

According to the FDA, 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. Most delta-8 THC available for purchase is lab-made using cannabidiol (CBD) from hemp plants, combined with various chemicals, making it 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 public health at risk and should especially be kept out of reach of children and pets,” the FDA emphasized.

Warnings to Companies

The FDA and FTC have issued warnings to five companies, including Hippy Hood and Earthly Hemps, stating that their products violate the Federal Food, Drug, and Cosmetic Act. These products, which mimic popular snacks like Chips Ahoy! or Flamin’ Hot Cheetos, could confuse consumers, particularly minors, into consuming delta-8 THC without realizing it.

The FDA highlighted the potential dangers of these products remaining 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 a 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.”

A Growing Concern

Over 300 cases of harmful ingestion of copycat products were reported from 2021 to 2023, prompting the FDA to take action. These effects, 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, increasing the risk of 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.”

Required Action Plans

The companies must submit written action plans within 15 days detailing how they will correct the issue. Failure to comply will result in further legal action.

The FDA and FTC’s intervention underscores the importance of responsible marketing and the need for stricter regulations to protect public health, particularly that of children and unknowing adults. As the cannabis market continues to grow, ensuring consumer safety remains a top priority for regulatory agencies.