North Carolina Hemp Exchange, LLC dba NC Hemp Shoppe
Received a joint FDA–FTC warning letter over delta-8 edibles resembling Sour Patch Kids, Oreo and Cheetos
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According to U.S. Food and Drug Administration, Jun 29, 2023 · Read the source · +3 more
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Summary
North Carolina Hemp Exchange, LLC, which trades as NC Hemp Shoppe in Raleigh, North Carolina, received a joint FDA–FTC warning letter dated June 29, 2023. According to the FDA, regulators reviewed the shop's website and its Yelp listing and found delta-8 THC products such as 'Stoner Patch' watermelon gummies, 'Stoneo' cookies and delta-8 'Flamin Hot Cheetos'. The letter compares the packaging with Sour Patch Kids Watermelon, Oreo Double Stuf and Cheetos Crunchy Xxtra Flamin' Hot, pointing to similar colors, borders and imagery. The FDA said adding delta-8 THC to conventional food makes it adulterated, and the FTC said look-alike packaging may be an unfair practice because children could eat the products by mistake. The company had 15 working days to reply. In its July 2024 follow-up announcement, the FDA said all six companies from the 2023 round no longer carried such products.
What the source found
- The FDA reviewed nchempshoppe[.]com and the shop's Yelp business page.
- Products named: Stoner Patch Delta-8 Gummies Watermelon 500mg, Stoneo Oreo Cookies Delta-8 THC, Delta-8 THC Flamin Hot Cheetos and Stoney Patch 500mg.
- The letter compares the packaging with Sour Patch Kids Watermelon, Nabisco Oreo Double Stuf and Cheetos Crunchy Xxtra Flamin' Hot.
- The FDA considered the products adulterated because delta-8 THC is an unsafe food additive.
- The FTC said the marketing may violate Section 5 of the FTC Act.
Products named
- delta-8 THC gummies
- delta-8 THC cookies
- delta-8 THC chips
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
North Carolina Hemp Exchange, LLC dba NC Hemp Shoppe - 649018 - 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
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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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