More Delta-8 THC Foods Target of FDA and FTC Enforcement

Review the warning letters here.

This is not the first time the FDA and FTC have issued warnings to companies for selling delta-8 THC food products in copycat packaging. In July 2023, the FDA and FTC issued warnings to six other companies for selling food products containing delta-8 THC in packaging that could easily be mistaken for foods sold by popular national brands. All six of those companies no longer have these products in stock.

The FDA’s interest in monitoring the use of delta-8 THC products is in no small part due to more than 300 adverse event reports involving the consumption of delta-8 THC products between 2021 and 2023. Additionally, the FDA is concerned about the processes used to synthesize delta-8 THC because modifications in the composition process could result in products that may be harmful to consumers. 

In particular, the FDA is concerned about food products containing delta-8 THC due to its accessibility and availability to youth. Delta-8 THC food products at issue in these warning letters include chips, cookies, gummies, or other snacks. The products often use packaging with brand names, logos, or pictures that are similar to many well-known snack food brands. As a result, the FDA alleges that many of the delta-8 THC food products available for consumption are indistinguishable from popular snacks. This is particularly worrisome for the FDA and FTC, as consumers, especially children, may confuse these products with traditional foods.

While this development does not come as a surprise to the ArentFox Schiff team, who previously discussed the FDA’s increased concern regarding delta-8 THC products and the “serious health risks” associated with them, it serves as an important reminder that the FDA continues to closely monitor products containing delta-8 THC. When navigating the ever-changing and increasingly complicated world of delta-8 THC, ArentFox Schiff is here to assist in all your endeavors.