On Tuesday, the Food and Drug Administration (the “FDA”) released its first statement via a consumer update regarding Delta-8 tetrahydrocannabinol (“Delta-8 THC”). The agency decided to provide consumers with key information surrounding the popular cannabinoid following a sharp increase in adverse event reports involving the substance and unauthorized marketing practices directed at minors.

If you follow my posts, you know that state regulators have been concerned with these issues for months now. In fact, many have either banned the substance or tasked state regulators with imposing strict manufacturing, testing, and marketing requirements on these products, including limiting their sale to persons of 21 years of age or older.

In its consumer update, the FDA warned consumers of the following issues about Delta-8 THC products:

Delta-8 THC Products Have Yet to Be Evaluated and Approved by the FDA

The agency reminded consumers that Delta-8 THC products have yet to be evaluated or approved by the FDA for safety. Their main concerns include variability in product formulations and concentrations. The agency also fears that many of these products are marketed as “hemp products”, which may lead consumers to assume these products are non-psychoactive. In addition, the FDA is denouncing the proliferation of

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