FDA and FTC Warn Companies Selling Delta-8 THC Foods for Safety Violations

LOS ANGELES– The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have jointly taken action against six companies for illegally selling food products containing delta-8 THC, a hemp-derived compound. 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 an official statement, Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, emphasized the recklessness and illegality of marketing edible THC products that can be easily mistaken by children for regular foods. The agencies have expressed concern about the potential risks these products pose, particularly to children.

FDA Principal Deputy Commissioner Janet Woodcock, M.D., further highlighted the dangers associated with these copycat food products, noting that their packaging intentionally mimics well-known snack food brands, which may confuse consumers, especially children. The risk extends to adults who may unintentionally consume these products or consume higher doses than expected, leading to serious consequences. This concern is particularly pronounced for individuals who are engaged in activities such as driving, working, or have other responsibilities.

The warning letters issued to the six companies outline violations of the Federal Food, Drug, and Cosmetic Act, specifically related to the addition of delta-8 THC to conventional foods. The FDA has requested written responses from these companies within 15 working days, detailing how they intend to address the violations and prevent their recurrence. Failure to promptly address the violations may result in legal action, including product seizure and potentially a court injunction.

The FDA and FTC are committed to protecting public health and ensuring the safety of consumers. The joint action serves as a reminder to companies that the marketing and sale of products containing delta-8 THC in a manner that poses risks to children and consumers is unacceptable and will be met with regulatory enforcement.