Dr. Smoke, LLC aka Dr. S, LLC
Received a joint FDA–FTC warning letter over THC-infused chips in bags resembling Cheetos and Doritos
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According to U.S. Food and Drug Administration, Jun 29, 2023 · Read the source · +3 more
- Where
- Missouri, United States
- First reported
- Last checked
Resolved or closed
The source lists this matter as resolved or closed. The entry stays public so the record remains available.
Summary
Dr. Smoke, LLC, also known as Dr. S, LLC, of Kansas City, Missouri, received a joint warning letter from the FDA and the FTC dated June 29, 2023. The letter says regulators looked at the company's website in December 2022 and again in June 2023 and found THC-infused chips offered in bags that, in the FDA's description, were nearly identical to Cheetos Crunchy Flamin' Hot and Doritos Nacho Cheese packaging, including colors, logos and names. The FDA treats delta-8 THC as an unapproved food additive, so it considered the snacks adulterated and unlawful to ship between states. The FTC added that selling look-alike THC snacks may be an unfair practice because of the risk to children. The company was given 15 working days to respond. A year later, the FDA reported that all six firms warned in this round no longer had such products in stock.
What the source found
- The FDA says it reviewed the company's website in December 2022 and June 2023.
- Two products are named: THC-infused chips sold under Cheetos Crunchy Flamin' Hot and Doritos Nacho Cheese names.
- According to the letter, the packaging was nearly identical to the original snack brands in colors, logos and other visual elements.
- The FDA considered the products adulterated because they contain delta-8 THC, which it regards as an unsafe food additive.
- The FTC said the marketing may violate Section 5 of the FTC Act, particularly because of risks to children.
Products named
- THC-infused chips (delta-8 THC)
Timeline
Joint FDA–FTC warning letter issued
FDA and FTC publicly announce letters to six companies
FDA states that all six companies warned in 2023 no longer have such products in stock
Sources
- Regulator
U.S. Food and Drug Administration · Jun 29, 2023
Dr. Smoke, LLC aka Dr. S, LLC - 648825 - 06/29/2023 - Regulator
U.S. Food and Drug Administration · Jul 5, 2023
FDA, FTC Warn Six Companies for Illegally Selling Copycat Food Products Containing Delta-8 THC - Regulator
- Regulator
U.S. Food and Drug Administration · Jul 16, 2024
FDA, FTC Continue Joint Effort to Protect Consumers Against Companies Illegally Selling Copycat Delta-8 THC Food Products
Wording on this page follows the sources. Found an error? See the corrections process in our editorial policy.
Status notes
In its July 16, 2024 announcement the FDA said all six companies warned in July 2023 no longer had such products in stock; status is set to 'resolved' on that basis. No close-out letter was noted on the FDA letter page when checked in September 2026.
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