The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters to five companies for illegally selling copycat food products containing delta-8 THC. The warning letters were issued to Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co. LLC and Life Leaf Medical CBD Center. The FDA also issued an independent warning letter to GrowGod LLC for the same violations.

With copycat products mimicking popular snack foods and specific brands like Oreos or Cheetos in packaging, for example, the FDA cited concerns about the possibility that children could unintentionally ingest delta-8 THC by confusing products with popular packaged goods.

“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,” said FDA Principal Deputy Commissioner Namandjé Bumpus. “As accidental ingestion and/or overconsumption of delta-8 THC containing products could pose considerable health risks, the companies that 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.”

Last year, the two agencies also sent warnings to six other companies for selling edible food products containing delta-8 THC in packaging that could easily be confused for foods sold by popular national brands. All six of those companies no longer have such products in stock.

FDA issued a warning letter for products containing delta-8 for the first time in 2022.