From “Trips Ahoy!” to a seemingly exact copy of Flamin’ Hot Cheetos, the U.S. Food and Drug Administration and the Federal Trade Commission are cracking down on companies selling “copycat” food products containing synthetic pseudo drugs. Warning letters were issued this week to five companies: Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC and Life Leaf Medical CBD Center. Separately, the FDA issued a warning to GrowGod LLC.
“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,” FDA principal deputy commissioner Namandje Bumpus said in a news release.
“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,” Bumpus continued. “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 present a threat to public health.”
Delta-8 THC is a psychoactive substance found naturally in cannabis, but only in small doses. Products featuring the substance — such as Earthy Hemps’ “Slushers,” Mary Jane’s Bakery’s “Infused Sour Slizzles,” Life Leaf’s “Double Stuff Stoneo,” GrowGod’s “Flamin Hot Cheetos” and Hippy Mood’s “Trips Ahoy!” — use a synthetically manufactured version from hemp-derived cannabidiol.
Delta-8 THC has not been evaluated by the FDA for safe use. According to the Atlanta-based Centers for Disease Control and Prevention, from Dec. 1, 2020, to Feb. 28, 2022, the FDA received 104 reports of adverse effects in patients who consumed products containing the substance. More than half those patients required medical intervention.
Around 66% experienced hallucinations, vomiting, tremor, anxiety, dizziness, confusion or loss of consciousness.
“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,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in a news release. “Those that prioritize profits in front of children’s safety are at serious risk of legal action.”
According to the National Institutes of Health’s Monitoring the Future survey, roughly 11% of 12th grade students reported using delta-8 products in 2023.
Eleven percent is “at least one or two students in every average-sized high school class who may be using delta-8. We don’t know enough about these drugs, but we see that they are already extremely accessible to teens,” director of the National Institute on Drug Abuse, Nora Volkow, M.D., said in the news release.
“Cannabis use in general has been associated with negative impacts on the adolescent brain, so we must pay attention to the kinds of cannabis products teens are using, educate young people about potential risks, and ensure that treatment for cannabis use disorder and adequate mental health care is provided to those who need it,” she added.
If the warned companies do not provide satisfactory written responses within 15 working days of notice, the FDA said it may take legal action, including product seizure and/or injunction.
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