US agencies crack down on lookalike foods laced with THC

US food and financial regulators have sent warning letters to five companies that are accused of illegally selling snack food products that mimic well-known brands, but contain delta-8 THC, a psychoactive compound in cannabis.

Joint warning letters have been sent by the FDA and FTC to Hippy Mood, Earthly Hemps, Shamrockshrooms.com, Mary Janes Bakery Co and Life Leaf Medical CBD Center, while the FDA has also issued an independent warning to GrowGod for the same violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

The enforcement drive comes after a series of incidents in which counterfeit snack products dressed up to look like big-brand products have been found on sale in the US, posing a hazard to children. Along with THC, candies have also been seized that on analysis were found to contain psilocybin, a hallucinogenic constituent found in magic mushrooms.

In 2020, an 11-year-old and a five-year-old were hospitalised after eating fake copies of Ferrara's Nerds Rope candies that had been donated to the Utah Food Bank. Meanwhile, in 2022, a four-year-old boy in North Carolina died as a result of THC poisoning from eating gummy candy in a case that eventually led to the sentencing of his mother to five years in prison, after pleading guilty to involuntary manslaughter.

"Inadequate or confusing labelling 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," commented FDA Principal Deputy Commissioner Namandjé Bumpus in a statement.

"As accidental ingestion and/or overconsumption of delta-8 THC-containing products could pose considerable health risks, the companies who sell these illegal products are demonstrating complete neglect for consumer safety," she added.

From January 1, 2021, to December 31, 2023, the FDA received over 300 adverse event reports involving children and adults who consumed delta-8 THC products, according to the statement.

Nearly half of these reports involved hospitalisation or emergency department visits, and approximately two-thirds of these adverse events followed ingestion of delta-8 THC-containing food products such as candy or brownies. Adverse events included hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness.

The FDA is also concerned about the processes used to synthesise delta-8 THC, as impurities or variations in the composition process can result in products that may be harmful or have unpredictable effects on consumers.

"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. "Those that prioritise profits in front of children's safety are at serious risk of legal action."