A major trade association that counts among its members corporations such as Coca-Cola, General Mills, Kraft Heinz and Nestlé is putting pressure on Congress to ban intoxicating hemp products.
In a letter sent to House and Senate leadership, the Consumer Brands Association (CBA) said it wants to see the so-called “hemp loophole” of the 2018 Farm Bill that legalized the crop closed. And to that end, the organization backed appropriations language led by Rep. Andy Harris (R-MD) to prohibit hemp products containing any quantifiable amount of THC.
The proliferation of intoxicating cannabinoid products—including those that contain synthesized delta-8 and delta-10 THC, for example—have “caused significant investigative and testing challenges, as well as unseen health and safety impacts,” CBA said in the September letter, as first reported by Cannabis Wire.
“This definition did not take into account the possibility for addition of various isomers (chemical variants with similar effects) of THC, and the possibility of intoxicating hemp-derived beverages, which can include more THC than ever intended,” it said. “Additionally, many products are deliberately marketed in ways that confuse consumers, featuring brightly colored packaging, cartoon imagery, and names that mimic candy or popular treats.”
Relatedly, CBA also advised Congress in 2022 to prevent the proliferation of marijuana-infused copycat products that mimic their well-known brands.
“Congress did not intend to create an unregulated market for intoxicating products that are not subject to Food and Drug Administration oversight. Two of the most prevalent isomers of THC, Delta-8 and Delta-10, have not had any FDA review,” the new letter says. “These products create risks for consumers who may falsely believe that they are reviewed and regulated for safety and purity.”
“As you consider finalizing FY 2026 appropriations, we encourage you to close this loophole and protect consumers,” CBA said.
Notably, the retail giant Target—which recently launch a pilot program selling hemp THC beverages at select locations in Minnesota—is also a member of CBA. Target’s decision came just weeks after the association sent out the letter to Congress on restricting such products from the marketplace.
Meanwhile, a bipartisan coalition of 39 state and territory attorneys general recently called on Congress to clarify the federal definition of hemp and impose regulations preventing the sale of intoxicating cannabinoid products.
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