Summary: The U.S. Food and Drug Administration (FDA) issued a warning letter to the owners of Hemp-xr.com, an online hemp, THC, and CBD retailer, for introducing adulterated foods into interstate commerce. The FDA took issue with certain cookies, edibles, gummies, and honey containing delta-8 THC and CBD, declaring them as containing an unsafe food additive.
FDA’s Latest Warning Letter Highlights Risks of Delta-8 THC and CBD in Foods
The FDA’s warning letter, dated December 6, 2023, marks a shift in focus from previous actions. Traditionally, the FDA targeted companies marketing THC or CBD products as treatments or cures for diseases, classifying them as unapproved drugs. However, this recent letter emphasizes that neither delta-8 THC nor CBD are considered “generally recognized as safe” (GRAS) food additives. The FDA explicitly states that products containing delta-8 THC may pose a serious health risk to consumers.
This action follows a series of warning letters sent by the FDA on November 21, 2023, to companies selling food products containing CBD. Some of these warnings were based on claims that CBD products treat or cure diseases. Subsequently, the FDA issued 15 more warning letters to companies selling CBD products, focusing on unapproved new drugs and declaring certain pet products as adulterated animal foods. This raises the question of whether the FDA is gearing up to enforce its long-held position that CBD is not safe for consumption.
On July 5, 2023, the FDA and the Federal Trade Commission initiated a joint crackdown on the sale of products containing delta-8 THC. They issued cease-and-desist letters to six companies for selling edible products containing delta-8 THC, with concerns also surrounding marketing and packaging aimed at children. The FDA had previously warned in 2022 that delta-8 THC, derived from hemp and argued by some to be legal, has serious health risks and may be marketed in ways that put public health at risk.
The latest warning letter indicates that the FDA is prepared to continue its pushback against the cannabis and hemp industries, particularly concerning the safety and legality of delta-8 THC and CBD products.
Source: JD Supra
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