FDA Warns Companies Labeling Delta-8 THC Products Healthy


Delta-8 THC FDA

The U.S. Food and Drug Administration (FDA) issued warning letters to five companies selling products with Delta-8 tetrahydrocannabinol (THC) as health products.

This is the first time the FDA has issued warning letters for products containing Delta-8 THC. They say Delta-8* THC has psychoactive and intoxicating effects and may be dangerous to consumers.

The FDA has received reports of adverse events experienced by patients who have consumed these products. 

Delta-8 THC Product Issues

Delta-8 THC products claiming to have health benefits are considered an unapproved new drug. The FDA has not evaluated whether these products are effective, what an appropriate dose is, how they could interact with FDA-approved drugs or other products. Or whether they have dangerous side effects or other safety concerns. 

Delta-8 THC is one of over 100 cannabinoids produced in the Cannabis sativa L. plant. Concentrated amounts of Delta-8 THC are manufactured from hemp-derived Cannabidiol (CBD) and have psychoactive and intoxicating effects.

Products containing Delta-8 are available in candy, cookies, breakfast cereal, chocolate, gummies, vape cartridges (carts), dabs, and shatter. There is also smokable hemp sprayed with Delta-8-THC extract, distillate, tinctures, and infused beverages.

Unproven Benefits

The warning letters address the illegal marketing of unapproved Delta-8 THC products as producing health benefits.

The letters also cite violations related to drug misbranding. Products lack dosage instructions and the addition of Delta-8 THC in foods, such as gummies, chocolate, caramels, chewing gum, and peanut brittle. 

“The FDA is very concerned about the growing popularity of Delta-8 THC products being sold online and in stores nationwide. These products often include claims that they treat or alleviate the side effects related to a wide variety of diseases or medical disorders, such as cancer, multiple sclerosis, chronic pain, nausea, and anxiety,” said FDA Principal Deputy Commissioner Janet Woodcock.  

“It is extremely troubling that some of the food products are packaged and labeled in ways that may appeal to children. We will continue to safeguard Americans’ health and safety by monitoring the marketplace and taking action when companies illegally sell products that pose a risk to public health,” she added.

FDA Intervention

The FDA has published a consumer update expressing serious concerns about the potential health effects of delta-8 THC products. They have received adverse reports involving products containing Delta-8 THC from consumers, healthcare practitioners, and law enforcement.

Some of them resulted in the need for hospitalization or emergency room treatment.

Violations related to FDA-regulated products containing Delta-8 THC, several of the warning letters outline additional violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act), including marketing CBD products claiming to treat medical conditions in humans and animals, promoting CBD products as dietary supplements, and adding CBD to human and animal foods.

They said CBD and Delta-8 THC are unapproved food additives for use in human or animal food products. The FDA is not aware of any basis to conclude that the substances are generally recognized as safe.

One of the letters expressed concerns regarding giving CBD to animals raised to produce food. They said there is little data on safe CBD residue levels.   

Warning Letters

The FDA issued warning letters to:

The FDA previously sent warning letters to companies selling unapproved CBD products that claimed to diagnose, cure, mitigate, treat or prevent various diseases, violating the FD&C Act. There were some violations because CBD was added to food. The FDA has not approved any CBD products other than one prescription human drug product to treat epilepsy. 

The FDA has requested written responses from the companies within 15 business days. They must state how they will address these violations and prevent their recurrence. Failure to promptly address the violations may result in legal action, including product seizure and/or injunction.

There has been a rising concern about Delta-8 for some time.

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