Biden administration cracks down on ‘copycat food products’ with delta-8 THC

The Biden administration is cracking down on companies that make THC edibles that too closely imitate well-known snack brands, warning of the risk such confusion could pose to young children.

The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) on Wednesday letters issued to five companies “for illegally selling copycat food products containing delta-8 THC and introducing them into the market,” according to a press release.

They notified the companies that these actions violated the Federal Food, Drug, and Cosmetic Act (FD&C Act), which, in part, requires that products be labeled and packaged accurately and fairly.

The FDA independently sent an additional letter to a sixth company warning of the same violation.

“Inappropriate or confusing labeling can cause unsuspecting children or adults to consume products that bear a strong resemblance to popular snacks and candies that contain delta-8 THC without realizing it,” said FDA Principal Deputy Commissioner Namandjé Bumpus in a statement. press release.

“Companies selling these illegal products are demonstrating complete disregard for consumer safety,” Bumpus said, highlighting the “considerable health risks” of accidental or excessive consumption.

The FDA, in press releases, expressed concern about the potentially “harmful” or “unpredictable” effects of delta-8 THC products resulting from the synthesis process.

The agency highlighted, however, that the packaging is particularly concerning, which the press release describes as “almost indistinguishable from many popular snacks”, which “can be confusing for customers”.

The FDA included some examples of copycat food products that resemble traditional snack brands: “Trips Ahoy!” remembering the traditional “Chips Ahoy!”; “Slushers”, which is reminiscent of “Gushers”; “Sizzles”, in the same style as “Skittles”; “Double Stuff Stoneo”, similar to “Double Stuff Oreo”; and “Flamin Hot Cheetos,” which is virtually identical to the traditional food product.

“Companies that market and sell THC edibles that are easily confused with chips and candy are not only acting illegally, but also putting the health of young children at risk,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection. . in the press release. “Those who prioritize profits over children’s safety are at serious risk of legal action.”

The FDA and FTC noted that in July 2023, they took similar steps to warn six other countries against selling THC edibles that “could easily be confused with foods sold by popular national brands,” and all six companies have already do not sell these products.

The letters ask companies to respond within 15 working days explaining the actions they will take to resolve the declared violations and prevent them from happening again. They warned of the potential for legal action, “including product seizure and/or injunctions,” if companies fail to “promptly resolve violations.”

Joint warning letters were issued to Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC and Life Leaf Medical CBD Center. The independent FDA letter was issued to GrowGod LLC.

This story originally appeared on thehill.com read the full story