FDA, FTC work to protect consumers against copycat food containing THC

On July 16, 2024, the United States Food and Drug Administration (FDA) and Federal Trade Commission (FTC) issued a joint press release warning the public about multiple companies illegally selling products that mimic popular snacks or foods but contain delta-8 THC. The press release specifically names the following companies: Hippy Mood, Earthy Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC, Life Leaf Medical CBD Center, and GrowGod LLC.

According to the press release, each of these companies received a warning letter from the FDA indicating that they were in violation of the Federal Food, Drug, and Cosmetics Act (FD&C Act). This follows previous efforts in July 2023 that warned six other companies for similar violations.

“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,” said FDA Principal Deputy Commissioner Namandjé Bumpus, PhD, in the press release.

For example, Hippy Mood produces “Trips Ahoy,” which mimics the popular Chips Ahoy cookies. Other companies produce the following products:

• Mary Jane’s Bakery sells “Infused Sour Slizzles,” which look similar to sour skittles
• Life Leaf Medical sells “Double Stuff Stoneos,” which resemble double stuff Oreos
• GrowGod sells “Flamin Hot Cheetos” containing delta-8 THC

“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 US consumers by monitoring the marketplace and taking action when companies sell products that present a threat to public health,” continued Bumpus.

The efforts to curb these violations address challenges presented to consumers by the FDA in June 2022. In a public warning statement, the FDA revealed that it had received reports of many children accidentally ingesting delta-8 THC-containing products. Between January 2021 and December 2023, the FDA has documented over 300 adverse events related to delta-8 THC-containing products.

“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,” said 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.”