"Reckless and illegal": FDA, FTC warns Delta-8 companies to stop selling copycat snacks

The agencies are concerned that, without proper packaging, the snacks could be consumed by children

By Ashlie D. Stevens

Food Editor

Published July 12, 2023 11:15AM (EDT)

Junkfood Spread (Getty Images/Shana Novak)
Junkfood Spread (Getty Images/Shana Novak)

Following an initial round of consumer warnings in June, The Food and Drug Administration and the Federal Trade Commission have now sent warning letters to six companies for illegally selling copycat food products containing Delta-8 tetrahydrocannabinol, also known as delta-8 THC. The agencies are concerned that the products — which look very similar to established cookie, chip and snack brands — can be accidentally ingested by consumers, including children, or taken in higher doses than intended. 

"Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal," said Samuel Levine, director of the FTC's Bureau of Consumer Protection. "Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children."

According to a statement released by the agencies, the FDA has requested written responses from the companies within 15 days "stating how they will address these violations and prevent their recurrence." They say that  failure to promptly address the violations may result in legal action, including product seizure or injunction.


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