First US Warnings On Drug Claims By Delta-8 THC Supplements Also Describe Safety Concerns
Announcement and warnings, in addition to noting firms’ violative drug and disease claims, explain differences between delta-8 THC and other hemp-derived cannabinoids intended for de-scheduling as controlled substances in 2018 farm bill.
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Three years after similar warnings to make same impression, FDA warns five firms about using in food or beverage products CBD, the cannabinoid most commonly found in US, and delta-8 THC, a subject of ongoing discussion over whether it qualifies as hemp. One firm also warned about CBD in sunscreen.
Failing to maintain key non-intoxicating distinction for hemp could cost US market its future. FDA appointment of senior policy advisor for cannabis could change things.
Recent 9th Circuit ruling upheld granting a firm preliminary injunction stopping competitor from using its trademarked brand for delta-8 THC products. Ruling generally runs counter to USPTO policy against accepting trademark registrations for hemp or cannabis products and specifically counters FDA stance delta-8 doesn’t meet definition of hemp under 2018 farm bill.