The Federal Trade Commission and the Food and Drug Administration sent joint cease and desist letters to six different companies marketing delta-8 tetrahydrocannabinol (delta-8 THC) infused edible products in packaging that looks almost identical to national food brands that would appeal to children.
"Marketing edible THC products that can be easily mistaken by children for regular foods is reckless and illegal," Samuel Levine, director of the FTC's Bureau of Consumer Protection said in a joint press release from the agencies Tuesday. "Companies must ensure that their products are marketed safely and responsibly, especially when it comes to protecting the well-being of children."
According to the FDA, delta-8 THC "is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD)."
The agency said it has not evaluated or approved delta-8 THC edible products currently available in stores and online "for safe use in any context."
The letters were sent to companies in California, New Jersey, Virginia, Missouri, New Mexico, and North Carolina for selling products on their websites that were packaged in the same way as popular national snack brands like Doritos, Cheetos, Nerds Candy, and gummy bears that were identical to the popular brand, the agency said in the release.
"Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized after eating 'edibles' containing it," Dr. Janet Woodcock, principal deputy commissioner of the FDA, said in the release. "That's why we're issuing warnings to several companies 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."
According to the FDA, 104 adverse reactions to delta-8 THC were reported between Dec. 1, 2020, and Feb. 28, 2022, with symptoms including dizziness, hallucinations, vomiting, tremors, anxiety, and loss of consciousness.
Of the 104, 55% required some kind of intervention or hospital admission, and 66% reportedly came after ingesting an edible containing the compound.
The agency said that during that time, national poison control centers reported 2,362 cases of exposure to delta-8 THC, with 41% involving pediatric patients under the age of 18, including one case that resulted in a "medical outcome of death."