ARTICLE
27 August 2025

Delta-8 Dilemma: FDA Issues Another Warning Letter

BI
Buchanan Ingersoll & Rooney PC

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With 450 attorneys and government relations professionals across 15 offices, Buchanan Ingersoll & Rooney provides progressive legal, business, regulatory and government relations advice to protect, defend and advance our clients’ businesses. We service a wide range of clients, with deep experience in the finance, energy, healthcare and life sciences industries.
The U.S. Food and Drug Administration (FDA) has recently published a warning letter dated April 17, 2025, concerning the sale of various food and otherwise edible products containing Delta-8 tetrahydrocannabinol...
United States Food, Drugs, Healthcare, Life Sciences

The U.S. Food and Drug Administration (FDA) has recently published a warning letter dated April 17, 2025, concerning the sale of various food and otherwise edible products containing Delta-8 tetrahydrocannabinol (delta-8 THC). FDA determined that such products may be classified as adulterated under the Federal Food, Drug, and Cosmetic Act due to the presence of an unsafe food additive, as Delta-8 THC lacks the necessary premarket approval and is not recognized as safe for consumption in food products.

This is not the first instance of the FDA addressing concerns related to Delta-8 THC; previous warning letters have been sent to other companies for similar violations regarding the safety and legality of these products. In this latest letter, FDA again expressed serious health concerns associated with Delta-8 THC, including its psychoactive effects and potential risks to public health, particularly for children. As such, FDA has mandated that companies involved in the production or sale of these products take immediate corrective actions.

It is crucial for your company to review its compliance with federal regulations regarding the safety and marketing of cannabinoid-infused edible products, as failure to do so may result in legal action, including potential product seizures and injunctions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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