Delia A. Deschaine, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, was quoted in’s weekly cannabis-focused newsletter Higher Law, in “Federal Regulators Issue Warnings About Delta-8,” by Cheryl Miller.

Following is an excerpt:

This week the U.S. Food and Drug Administration and the U.S. Centers for Disease Control and Prevention delivered a one-two punch in separate missives on the cannabinoid Delta-8, Delta-9 THC's less-potent sibling.

"It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context," the FDA said in a Sept. 14 posting on its website. "They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets."

The FDA said it had recorded "an uptick in adverse event reports" tied to exposure to or consumption of Delta-8.

Also on Sept. 14, the CDC issued a health advisory echoing similar concerns, warning that some consumers had mistaken an intoxicating Delta-8 product for low-THC-containing CBD.

So what's going on with these notices?

"I believe the FDA and the CDC warnings this week are intended to be a shot across the bow of persons that are marketing delta-8 THC under the auspices of it being legal 'hemp' and safe as a human consumable product," Epstein Becker Green partner Delia Ann Deschaine said in an email.

"One inference that can be drawn, here, is that FDA does not consider delta-8 THC to be GRAS (Generally Recognized as Safe) and, therefore, it cannot be included as an ingredient in food absent FDA approving it as a food additive," Deschaine said. "FDA also warns that making therapeutic claims about delta-8 products render those products unapproved new drugs, and, therefore, unlawful."

And we know that making unsubstantiated health claims about any cannabis-related product is the fastest way to get a nasty-gram from federal regulators.

"I would also expect plaintiffs’ lawyers to pick up on these notices quickly, and for us to see them in future state consumer product liability cases," Deschaine said.


Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.