FDA and FTC Send Warning Letters to Companies Selling ‘Copycat’ Delta-8 Products

The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) on Wednesday issued warning letters to six companies for illegally selling copycat food products containing delta-8 THC. The warning letters were issued to: Delta Munchies, Dr. Smoke LLC, Exclusive Hemp Farms/Oshipt, Nikte’s Wholesale LLC, North Carolina Hemp Exchange LLC, and The Haunted Vapor Room.

In a press release, Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said that “Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal.”

FDA Principal Deputy Commissioner Janet Woodcock, M.D. added that the agencies issued the warnings because they put children at risk.

“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.” — Woodcock in a statement

These warning letters outline violations of the Federal Food, Drug, and Cosmetic Act related to adding delta-8 THC to conventional foods. The FDA has requested written responses from the six companies that received warning letters within 15 working days describing how they will address the violations and prevent their recurrence. Failure to promptly address the violations may result in legal action, the agencies said, including product seizure and potentially a court injunction.