FDA and FTC crack down on illegal delta-8 THC copycat snacks, protecting consumers from unregulated edibles in deceptive packaging that risks accidental ingestion, especially by children
Imagine opening a yellow and orange pack of Flamin’ hot Cheetos and munching on one of those crunchy sticks. Instead of the cheesy, salty taste of nostalgia, you start feeling unusual, weird. You decided to turn the packet in your hand, took a more careful look and realized, you are holding this-
Image I: Counterfeit Cheetos contains delta-8 THC
Now picture this same deceptive product in the hands of an unsuspecting child or adult. The consequences could be catastrophic.
What is delta-8 THC?
Delta-8 THC is a psychoactive compound similar to delta-9 THC, the primary compound in marijuana. It occurs naturally in cannabis but in trace amounts, so most delta-8 products are synthetically produced from cannabidiol (CBD). This process involves chemical reactions to alter CBD’s molecular structure.
Delta-8 produces a milder high compared to delta-9 THC, with reported effects including euphoria, relaxation, and appetite stimulation. However, it can also cause anxiety, dizziness, and impaired motor function. Crucially, the production of delta-8 is often unregulated, leading to potential contaminants and inconsistent potency. Long-term effects and overall safety profile are still under investigation due to limited research
Regulation of Delta 8 product
Products containing delta-8 THC are often marketed with unsubstantiated claims to treat various medical conditions. These products are available in various forms, including edibles, vapes, and tinctures. The FDA has received reports of adverse effects, including hospitalizations.
In May 2022, The FDA issued warning letters to five companies (ATLRx Inc., BioMD Plus LLC, Delta 8 Hemp, Kingdom Harvest LLC, M Six Labs Inc.) selling delta-8 THC products, citing violations of the Federal Food, Drug, and Cosmetic Act. Delta-8 THC is unregulated and may pose serious health risks. The agency emphasizes that delta-8 THC is not an approved drug or food additive. Companies are required to cease illegal marketing and distribution of these products. Failure to comply may result in legal action.
Copycat products and why are they dangerous?
This year in July, the FDA received reports of more serious threats. the consumable market saw a rise in copycat products.
A copycat product is a product that closely resembles a well-known brand in terms of packaging, appearance, or taste. In this case, the delta-8 THC-infused products mimic popular snack foods, making them easily mistaken for safe and familiar treats. Such as,
Image II: Original Sour Patch (left) and Copycat Stoney patch (right); Google images
Image III: Original Funyuns (left) and Copycat Medicated Funyuns (right); Google images
Image IV: Original (left) and copycat (right) Doritos Nacho Cheese; Google images
Image V: Original (left) and copycat (right) Cheetos Flamin’ Hot Crunchy; Google images
Image VI: Original Oreo (left) and Copycat Stoneo (right); Google images
Image VII: Original Sour Skittles (left) and Copycat Infused Sour Slizzles (right); Google images
Image VIII: Original Chips Ahoy! (left) and Copycat Trips Ahoy! (right); Google images
Image IX: Original Nerds Rope (top) and Copycat Rope a Dope (bottom); Google images
The resemblances are uncanny! Some did not even change the names. These copycat products are particularly dangerous because they can lead to accidental consumption, especially by children. Young children may not be able to differentiate between the copycat product and the original snack food, increasing the risk of accidental exposure to potentially harmful substances. Additionally, the deceptive packaging can make it difficult for consumers of all ages to accurately determine the product’s contents and potential effects.
Call for Action: Consumer and Healthcare Provider Awareness
The FDA issued formal warning letters to the companies involved in producing and selling the illegal delta-8 THC copycat food products. These counterfeit consumables are produced by companies like Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC, Life Leaf Medical CBD Center, GrowGod LLC.
These letters outlined specific violations of the Federal Food, Drug, and Cosmetic Act, such as the illegal addition of delta-8 THC to food products, misleading labeling, and the potential health risks posed to consumers. The agency provided the companies with a deadline to respond with a corrective action plan, and failure to comply could result in further legal action, including product seizure or injunction.
The agencies are urging consumers to be cautious and to report any adverse reactions to the FDA’s MedWatch system. Companies that fail to address the violations within 15 days may face legal action. This action underscores the importance of protecting public health and preventing the illegal sale of potentially harmful products.
As the popularity of delta-8 THC continues to rise, it’s essential to approach the product with caution and informed decision-making. The lack of regulation and potential for contamination underscore the importance of consuming delta-8 products responsibly, if at all. Always prioritize your health and well-being and consult with a healthcare professional if you have concerns or experience adverse effects.
Dr. Avraneel Paul, Ph.D.
- https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc
- https://www.fda.gov/news-events/press-announcements/fda-issues-warning-letters-companies-illegally-selling-cbd-and-delta-8-thc-products
- https://www.cnn.com/2024/07/16/health/fda-ftc-thc-snacks-letters/index.html
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