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FDA Issues Warning Letters for Delta-8 Products

The Federal Drug Administration (FDA) and the Federal Trade Commission (FTC) have issued six warning letters to companies selling food products containing delta-8 THC.


Warning letters are issued by the FDA when the agency finds that a manufacturer has "significantly violated FDA regulations." Within the warning letter, the FDA will identify the violation and provide directions and a timeframe for the manufacturer to remedy the issue. FDA has consistently issued warning letters to manufacturers of CBD in food products, animal foods, and dietary supplements.


Recently, the FDA has begun issuing warning letters to manufacturers of products containing delta-8, citing poor manufacturing methods, marketing appealing to children, and "an uptick in adverse event reports to the FDA and the nation's poison control centers." With an increase of delta-8 products in the marketplace, the FDA has responded with concern over the "growing popularity of delta-8 THC products being sold online and in stores nationwide."


FDA has issued twelve warning letters for cannabidiol products in 2023 thus far, with the most recent six warning letters specifically targeting delta-8 THC products. The FDA noted its concern for the products' similarities to children's food products and popular snack foods; “The products [FDA is] warning against intentionally mimic well-known snack food brands by using similar brand names, logos, or pictures on packaging, that consumers, especially children, may confuse with traditional snack foods." The agency has requested responses from the companies addressing how they will remedy their violations and threatens legal action for failure to do so.


Have further questions regarding regulations on CBD and hemp products? Please schedule a consultation with EARTH Law, LLC to answer any questions regarding these updates. You can contact us by email at info@earthlawllc.com or by telephone at 541-632-3946.

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