Behind the recent “intoxicating cannabinoid” product recall

| David Brown

The company behind a recent recall of cannabis oils due to the “presumed presence” of what Health Canada considers a cannabinoid called HHC says they had no knowledge about or intention of the ingredient being included in their products. 

In addition, the owners of Emprise Canada in Alberta say Health Canada has provided them with little information about how they discovered the “semi-synthetic” cannabinoid derived from CBD called hexahydrocannabinol (HHC).

Anil Jain and Mukhdeep Mangat, the founders of Emprise, which offers an array of cannabis oils and capsules, spoke with StratCann this week to clarify some questions cannabis consumers may have about HHC, the recent product recall, and their plans for future products. 

Hexahydrocannabinol (HHC) is a natural derivative of THC and can also be produced synthetically from CDB. It has become somewhat popular in the US market in the last few years, drawing concern from some regulators there, in Canada and elsewhere. In 2023, Health Canada even released a guidance document for the industry on what they considered intoxicating cannabinoids, which includes HHC along with delta-8-THC and delta-10-THC. 

The two Emprise founders tell StratCann that the recall was based on a handful of reports Health Canada received earlier this year, in which consumers said the low THC products were more intoxicating than they expected. This appears to have led Health Canada to conduct its own testing of the product, in which they say they found evidence of the “presumed presence” of HHC. 

Emprise maintains that its own testing, from two independent labs, did not detect any HHC. They have asked Health Canada for more information about how the product was detected, which they say the federal regulator was not able to provide. 

They don’t deny the presence of HHC, though. Instead, based on their own internal investigation, they say they believe it was present in a CBN-rich distillate they purchased as an ingredient in some of their products. Since the recall was based partly on a labelling and packaging issue, they say they are planning to soon re-issue the same products with HHC on the label. 

Below is our conversation with Emprise:

  • You mentioned that you believe the HHC is present in the CBN distillate you purchased from a third party. Was Emprise aware of this when you sourced the product originally?

“Emprise had no knowledge that the CBN distillate contained or may contain HHC. Third-party lab analysis provided by the supplier had no indication of HHC, and was compliant with regulations in all other aspects. 

“The same applies to final product testing. Prior to products being released for sale, all products were tested by a third party lab. There was no indication of the presence of HHC.” 

  • When did Health Canada inform you they had detected HHC in these products?

“In early June, Health Canada advised us that their Cannabis Lab had detected the presence of HHC. Health Canada had taken samples of only three products.  Other products in the recall were included because they also used the same or similar lot of CBN distillate.” 

  • Can you provide a comment on your thoughts about why you think Health Canada would have even been looking for HHC?

“Our understanding is that Health Canada received couple of complaints of adverse health effects (one complaint in about 100,000 doses used). People experienced more significant “high” than they were expecting and had upset stomach and/or nausea. This led Health Canada to investigate the products in question.” 

  • How much has this recall cost Emprise so far?

“The financial impact of the recall is significant. However, we are a strong company with positive cash flow. We are continuing to invest in growing our business, particularly in the area of minor cannabinoids, where we are leading the industry. From many positive calls we have received from retailers and cannabis consumers, our view of the value of minor cannabinoids is reinforced. 

“Recently we quadrupled our production space and expanded the portfolio of 70+ innovative manufactured products.”

  • Some consumers have speculated in comments online, such as Reddit, that HHC was added to the products to get around the 10mg limit. Can you speak to this concern?

“CBN+CBD softgels products are low or no THC products. The maximum THC limit comment does not even apply.” 

  • Given your perspective that this recall was not warranted, does Emprise plan to push back?

“Our perspective, which we have shared with Health Canada, is that currently there are no regulations on unintentional HHC in a cannabis product, or inclusion of the amount of HHC on the label. Furthermore, Health Canada approved labs don’t even have methods for detecting and quantifying HHC. We have encouraged Health Canada to clarify and recommend new regulations for the benefit of cannabis users and other LPs.”

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