Food Safety Report: FDA warning letters for illegally selling copycat food products containing delta-8 THC.

United States

The FDA and the Federal Trade Commission issued on June 29, 2023, warning letters to six companies: Delta Munchies, Dr. Smoke LLC (also known as Dr. S LLC), Exclusive Hemp Farms/Oshipt, Nikte’s Wholesale LLC, North Carolina Hemp Exchange LLC and The Haunted Vapor Room, for illegally selling copycat food products containing Delta-8 tetrahydrocannabinol, also known as delta-8 THC. These products can easily be mistaken for traditional foods like chips, cookies, candy, gummies or other snack food items. The FDA is concerned that these products can be accidentally ingested by consumers, including children, or taken in higher doses than intended.

Delta-8 THC is a substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. It has psychoactive and intoxicating effects that may be dangerous to consumers and it has not been evaluated or approved by the FDA for safe use in any context, including when added to food. The FDA has received reports of serious adverse events experienced by people who have consumed these products, such as hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness. The FDA is also concerned that companies are producing delta-8 THC in ways that could result in products with harmful contaminants.

In June 2022, the FDA warned consumers about consumption of food products containing delta-8 THC. As noted in the warning, the agency received over 125 adverse event reports from Jan. 1, 2021, through May 31, 2022, related to children and adults who consumed edible products containing delta-8 THC. 10 of the reports specifically mention the edible product to be a copycat of popular snack foods.

The FDA is concerned that these companies are selling copycat food products containing delta-8 THC, which can be easily mistaken for popular foods that are appealing to children and can make it easy for a young child to ingest in very high doses without realizing it. The products FDA is warning against intentionally mimicking 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. The FDA is 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. The FDA remains committed to taking action against any company illegally selling regulated products that could pose a risk to public health.

Companies involved:

Delta Munchies LLC. Affected products: Worms – 625mg Delta-8 THC, Gummy Bears – 450mg Delta-8 THC, Strawberry Sour Belts – 3000mg Delta-8 THC, Peach Rings – 450mg Delta-8 THC, Berry Blue Sour Belts – 3000mg Delta-8 THC, Green Apple Sour Belts – 3000mg Delta-8 THC, Watermelon Gummies – 450mg Delta-8 THC, and Sour Bites – 450mg Delta-8 THC.

Dr. Smoke LLC also known as Dr. S LLC. Affected products: Cheetos Crunchy Flamin’ Hot THC Infused Chips and Doritos Nacho Cheese THC Infused Chips.

Exclusive Hemp Farms/Oshipt.com. Affected products: Oreo Stoneo – Medicated 500mg, Cannaa Banana Delta 8 - Rope Candy 600mg - 7 Flavors, Pot Tarts Strawberry 1000mg - Medicated, Tropical Sour Patch - Delta-8 500mg, Trips Ahoy Medicated – Real Chocolate Chip Cookies - 600mg Medicated, Trips Ahoy Medicated – Real Chocolate Chunky Cookies - 600mg Medicated, and Medicated Cheddar Snack Crackers 600mg.

Nikte’s Wholesale, LLC. Affected products: Delta-8 Gushers, Delta-8 THC Lemonade 500mg, Medicated Jolly Rancher Gummies Sour, and Delta-8 THC Hot Cheetos

North Carolina Hemp Exchange, LLC dba NC Hemp Shoppe. Affected products: Stoner Patch Delta-8 Gummies Watermelon 500mg, Stoneo Oreo Cookies Delta-8 THC, Delta-8 THC Flamin Hot Cheetos, and Stoney Patch 500mg.

The Haunted Vapor Room. Affected products: Rope 500mg Delta-8 Nerds Candy, Medicated Dope Rope Bites, Packwoods x Coned Delta-8 Edible Cones – 600mg, Cake 500mg Delta-8 Gummy Pack, and Candy’s D8 Chocolate Bars 500mg.

Source: www.fda.gov/news-events/press-announcements/fda-ftc-warn-six-companies-illegally-selling-copycat-food-products-containing-delta-8-thc

About FDA Warning letters: "When FDA finds that a manufacturer has significantly violated FDA regulations, FDA notifies the manufacturer. This notification is often in the form of a Warning Letter. The Warning Letter identifies the violation, such as poor manufacturing practices, problems with claims for what a product can do, or incorrect directions for use. The letter also makes clear that the company must correct the problem and provides directions and a timeframe for the company to inform the FDA of its plans for correction.".