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FDA and FTC Issue Joint Warning Letters for Copycat Delta-8 THC Food Products

By Andrew Kline, Tommy Tobin & Sichang (Cathie) Chen on July 31, 2024
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The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products containing delta-8 tetrahydrocannabinol (THC). This action marks a continuation of the joint efforts by FDA and FTC to protect consumers from unregulated, intoxicating delta-8 THC products that have “[i]nadequate or confusing labeling,” according to FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D. In these new warning letters, FDA noted that these companies have 15 business days to respond regarding how they will address the violations and prevent their recurrence. Failure to address these violations may result in additional enforcement activity, including product seizures and injunctions.

Click here to read the full Update.

Photo of Andrew Kline Andrew Kline

Andrew Kline leverages his more than thirty years of law and policy experience in his diverse practice. He counsels clients in established and emerging industries on regulatory compliance, due diligence, internal investigations, privacy, public policy, and litigation strategy.

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Photo of Tommy Tobin Tommy Tobin

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false…

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false advertising claims and consumer protection claims for well-known international corporations.

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Photo of Sichang (Cathie) Chen Sichang (Cathie) Chen

Cathie Chen is an FDA Regulatory associate in the firm’s Washington, D.C., office.

Read more about Sichang (Cathie) ChenEmail
  • Posted in:
    Corporate & Commercial
  • Blog:
    Consumer Protection Review
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

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