FDA Accuses Companies Of Marketing Cannabis Products To Children Amid Debate On Hemp Cannabinoids Ban

Zinger Key Points
  • The FDA and Fed Trade Commission issue warning against deceptive marketing of hemp-derived cannabinoids resembling children's snacks.
  • Congress debates banning consumable hemp cannabinoids, sparking industry concerns and potential regulatory changes.
  • Discoveries of unknown compounds in hemp-derived products raise new health and safety issues.
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The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have intensified their oversight of the cannabis industry, issuing another round of warning letters to companies on Tuesday. The businesses are accused of selling products infused with hemp-derived cannabinoids, such as delta-8 THC, in packaging deceptively resembling popular children's snacks.

This move marks the second consecutive year of such actions, signaling a tightening grip on deceptive marketing practices.

FTC Targets Deceptive THC Edibles Marketing

“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,” Samuel Levine, director of FTC's Bureau of Consumer Protection stated in a press release. As Hemp Today notes, this regulatory spotlight aligns with concerns over delta-8 THC, delta-10 THC, THC-O-acetate, HHC, THCP, and hemp-derived THCA – substances gaining notoriety for their psychoactive effects yet slipping through legislative cracks.

Real Also: How Hemp Became America’s Loophole For Legal Highs

Congress Debates Hemp Cannabinoid Ban

Simultaneously, a heated debate is unfolding in Congress about the future legality of consumable hemp-based cannabinoid products. Proposals in recent House-approved appropriations legislation and the forthcoming Farm Bill hint at a potential nationwide ban. These legislative actions are compounded by concerns over unregulated cannabis products that make unauthorized health claims.

Unknown Compounds From Hemp Conversion Found In Tests

Amidst this regulatory and legislative flux, a new concern arises from the discovery of numerous unknown compounds in marijuana testing samples, reported by MJBizDaily. These compounds are believed to originate from the process of converting hemp-derived cannabinoids into delta-8 and delta-9 THC. “These are chemical side reactions,” explained Susan Audino, a chemist and independent consultant to chemical laboratories.

Josh Swider, CEO of Infinite Chemical Analysis Labs said, “You'll see 60 unknown compounds in there. Some of them get identified, but all of them are never found. That is telling you that you're now adding other compounds that we never found in cannabis, and now people are smoking it. It's a very common thing going on around the country.

FDA Faces CBD Regulation Criticism

The FDA's ongoing failure to regulate CBD, criticized by stakeholders and legislators alike, adds another layer of urgency to these discussions. In a House committee hearing earlier this year, FDA commissioner Robert Califf addressed criticisms over the agency’s inaction, suggesting that resolving these issues would require additional congressional support. This legislative backdrop sets the stage for potential sweeping reforms in how hemp-derived products are marketed and regulated.

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Cannabis rescheduling seems to be right around the corner. Want to understand what this means for the future of the industry? Hear directly for top executives, investors and policymakers at the 19th Benzinga Cannabis Capital Conference, coming to Chicago this Oct. 8-9. Get your tickets now before prices surge by following this link.

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Posted In: CannabisGovernmentNewsRegulations2018 Farm BillDelta 8farm billFDAFederal Trade CommissionFood and Drug AdministrationFTCHempHemp derived-THCInfinite Chemical Analysis LabsJosh SwiderRobert CaliffSamuel LevineSusan AudinoTHCA
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Cannabis rescheduling seems to be right around the corner

Want to understand what this means for the future of the industry? Hear directly for top executives, investors and policymakers at the 19th Benzinga Cannabis Capital Conference, coming to Chicago this Oct. 8-9. Get your tickets now before prices surge by following this link.


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