Frost Brown Todd: Take Heed: FDA & CDC Release Health Alerts About Delta-8 THC


The FDA and CDC each issued warning notices to the public regarding delta-8 THC products on September 14, 2021, many of which are marketed as hemp products (and include some non-obvious references to other novel cannabinoids that may have similar effects and marketing). Both notices state most of the delta-8 THC products on the market have been “synthetically converted” from CBD but fail to address the fundamental stakeholder question as to the legality of these products. The major concerns noted were adverse events following consumption (many from inadvertent intoxication), marketing to and use by minors, and the potential presence of harmful by-products and unsafe manufacturing practices. With increased state and federal attention on these products, there is also an increased risk to industry participants beyond that of criminal liability, such as FDA/FTC enforcement, banking and insurance obstacles, and civil liability claims. We recently discussed some of these on our Hemp Legally Speaking podcast episodes. FDA Consumer Alert The FDA consumer alert indicates we may begin to see enforcement action taken against companies marketing these products in deceptive ways and/or with unsubstantiated health claims. The notice lists five “Things to Know” about the serious health risks of delta-8 THC: Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk. The FDA has received adverse event reports involving delta-8 THC-containing products. Delta-8 THC has psychoactive and intoxicating effects. Delta-8 THC products often involve use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace. Delta-8 THC products should be kept out of the reach of children and pets. Tracking recent data from within the last year (following the publication of the DEA Interim Final Rule which added confusion to…

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Source : Frost Brown Todd: Take Heed: FDA & CDC Release Health Alerts About Delta-8 THC

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