Several companies marketing certain edibles containing Delta-8 THC have been warned by the FTC and FDA to stop doing so.
Delta-8 THC is an intoxicating cannabinoid usually produced by manipulating hemp-derived cannabidiol (CBD). A loophole in US hemp regulations has allowed the Delta-8 THC market to flourish, and authorities at state and federal levels have been scrambling to get on top of the situation.
Delta-8 can pose health and safety hazards if accidentally consumed by unsuspecting individuals, including children. Children can be attracted to these products if they are presented in appealing forms and/or packaging. The FTC and FDA allege the products in question have packaging similar to other foods consumed by children, including breakfast cereals and cookies.
“Companies that market and sell edible THC products that are easily mistaken for snacks and candy are not only acting illegally, but they are also putting the health of young children at risk,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection.
The letters demand each of the five companies immediately stop marketing the products and urges them to review all of their marketing and THC product packaging for similar issues. The FTC has requested each company involved to contact agency staff within 15 days to communicate the actions they have taken to address the Commission’s concerns.
This is the second time in two years the Federal Trade Commission has sent cease-and-desist letters concerning Delta-8 THC jointly with the U.S. Food and Drug Administration. Last year, warning letters were sent to six companies.
“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,” said FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D.
As at March this year, 17 U.S. states and one district had banned delta-8 THC, and a further 7 states had severely restricted availability according to CBDOracle. There are also moves occurring at a federal level to stamp out intoxicating hemp-derived cannabinoids, but this is facing some pushback over concerns the actions could also seriously impact non-intoxicating cannabinoid products.
