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July 05, 2023
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FDA warns companies about illegally selling ‘copycat’ edibles with delta-8 THC

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Key takeaways:

  • The FDA warned companies about selling edibles containing delta-8 THC, a substance found in cannabis sativa plants.
  • Some products resemble snack foods that children can easily consume in high doses.

The FDA said Wednesday that it has warned six companies about illegally selling what it called “copycat” edibles containing delta-8 tetrahydrocannabinol, a psychoactive and intoxicating substance found in cannabis sativa plants.

Delta-8 THC has not been approved by the FDA for any safe use. In a press release, the FDA said the copycat products — often designed to resemble snack foods such as chips, cookies, candy and gummies — could be accidentally consumed by children in large quantities without realizing it.

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The FDA warned six companies for illegally selling edibles containing delta-8 THC. Image: Adobe Stock

“Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized after eating ‘edibles’ containing it,” FDA Principal Deputy Commissioner Janet Woodcock, MD, said in the release.

The FDA issued warning letters to six companies for selling the products: Delta Munchies, Dr. Smoke, Exclusive Hemp Farms/Oshipt, Nikte’s Wholesale, North Carolina Hemp Exchange, and The Haunted Vapor Room.

The companies must reply in writing within 15 working days with plans to address their violations and to prevent recurrence. Any company that fails to comply could face injunction or product seizure, the FDA said.

Recent studies have found a rapid increase in pediatric exposures to edible cannabis, and findings reported in Canada last year showed that pediatric ED visits due to cannabis exposure significantly increased after legalization of recreational cannabis.

“Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in the release. “Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children.”

Woodcock said there are also concerns that adults could unintentionally consume the products or take a higher dose than expected and suffer serious consequences.

“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,” Woodcock said. “This risk is especially dangerous for those who are driving, working, or have other responsibilities.”

The FDA said consumers who suspect a product may have caused an illness or reaction should immediately contact their health care provider.