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FDA, FTC work to eliminate copycat delta-8 THC products

The products can be confusing to children who may consume a large amount of THC accidently.
The FDA and FTC have released a joint warning to five companies that produce Delta-8 THC edibles about how they are packaged.

IOWA, USA — The United States Food and Drug Administration (FDA) along with the Federal Trade Commission (FTC) on Tuesday issued warnings to companies selling illegal copycat delta-8 THC products.

The agencies stated that the products were in direct violation of the Federal Food, Drug, and Cosmetic Act.

"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 Namandjé Bumpus, Ph.D. said in the 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. 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."

Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC, Life Leaf Medical CBD Center and GrowGod LLC were all issued warnings.

All six companies no longer stock copycat products.

From Jan. 1, 2021, to Dec. 31, 2023, over 300 reports involving children and adults who consumed delta-8 THC products were made, according to the FDA.

Almost half of the incidents involved hospitalizations.

The FDA is especially concerned with the products due to how easy youth can obtain them and the unpredictability of of the synthetization of delta-8.

The agencies are also worried that the packaging may be confused with normal food packaging.

"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. "Those that prioritize profits in front of children's safety are at serious risk of legal action."

The FDA has requested written responses from the offending companies and failure to respond may result in legal action.

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