Crackdown on Delta-8 THC Snacks: FDA and FTC Take Action

Introduction

The US Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) have taken a significant step towards consumer protection. In an unprecedented move, they’ve initiated a crackdown on companies retailing Delta-8 THC-infused snacks that strikingly resemble popular snack brands. This “FDA FTC Delta-8 Crackdown” is viewed as a paramount public safety measure aimed at protecting consumers, especially children, from potential harm.

An Ingenious But Dangerous Marketing Strategy

These Delta-8 THC snacks are ingeniously designed to mimic popular snacks, making them easily confused with non-THC-containing products. With names like Double Stuff Stoneos, Medicated DopeRope Bites, and others that mirror original snacks, these products may appeal to consumers who unwittingly ingest psychoactive substances. This consumer deception has raised alarm bells, leading to the initiation of the FDA FTC Delta-8 crackdown.

Legal Implications and Public Safety

According to Samuel Levine, director of the FTC’s Bureau of Consumer Protection, such marketing practices directly contravene the FTC Act’s Section 5. This Act prohibits deceptive acts in commerce, particularly those that could pose substantial health or safety risks to the public.

A Growing Concern: The Rise in Adverse Events

There has been an alarming rise in adverse events related to Delta-8 THC edibles. Between January 2021 and May 2022, over 125 such incidents have been reported, ten of which have specifically implicated the copycat products. This concerning data has significantly influenced the decision to enact the FDA FTC Delta-8 crackdown.

Targeted Companies and Cease-and-Desist Orders

Six companies, including Delta Munchies and Dr. Smoke LLC, have been served cease-and-desist letters by the FTC. These documents demand the halt of marketing of edible Delta-8 THC products designed to mimic popular snacks, citing their appeal to young children as a major concern. The companies now have 15 working days to respond and provide evidence of specific actions taken to address these concerns.

Regulatory Challenges and the Road Ahead

Regulation of Delta-8 THC presents unique challenges due to its primary derivation from hemp, a plant not federally regulated like marijuana despite producing similar intoxicating effects. The 2018 Farm Bill’s exclusion of hemp from the Controlled Substance Act has led to some states banning Delta-8 THC independently. The initiation of the FDA FTC Delta-8 crackdown is a crucial step, and it remains to be seen how the implicated companies will respond and whether there will be regulatory updates in the future.