Nikte's Wholesale, LLC
Received a joint FDA–FTC warning letter over delta-8 THC snacks resembling Gushers, Jolly Rancher and Cheetos
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According to U.S. Food and Drug Administration, Jun 29, 2023 · Read the source · +3 more
- Where
- New Mexico, 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
Nikte's Wholesale, LLC of Albuquerque, New Mexico, received a joint warning letter from the FDA and the FTC dated June 29, 2023. The FDA says it reviewed two websites linked to the company and found delta-8 THC products for sale, including 'Delta-8 Gushers', 'Medicated Jolly Rancher Gummies Sour', 'Delta-8 THC Hot Cheetos' and a 500 mg delta-8 lemonade. The letter describes how the packaging borrowed elements of Gushers fruit snacks, Jolly Rancher Gummies and Cheetos Crunchy Xxtra Flamin' Hot, such as color schemes and fruit or flame imagery. In the FDA's view, delta-8 THC is an unapproved additive in conventional food, so the products were adulterated; the FTC said the look-alike marketing may be unfair because it puts children at risk. A response was due within 15 working days. The FDA said in July 2024 that none of the six companies warned in 2023 still had such products in stock.
What the source found
- The FDA reviewed the agrodine[.]com and cbdwarehouseusa[.]com websites.
- Products named: Delta-8 Gushers, Delta-8 THC Lemonade 500mg, Medicated Jolly Rancher Gummies Sour and Delta-8 THC Hot Cheetos.
- The letter says the packaging copies features of Gushers, Jolly Rancher Gummies and Cheetos Crunchy Xxtra Flamin' Hot.
- The FDA considered the products adulterated under the Federal Food, Drug, and Cosmetic Act.
- The FTC said the marketing may be an unfair practice presenting health and safety risks to children.
Products named
- delta-8 THC gummies and fruit snacks
- delta-8 THC chips
- delta-8 THC beverage
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
Nikte's Wholesale, LLC - 649469 - 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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