FDA Issues Third Round of Delta-8 THC Warning Letters to Manufacturers and Retailers

In March 2024, the FDA issued its third coordinated wave of warning letters targeting manufacturers and retailers of delta-8 THC products. The five cited companies sold products in forms specifically appealing to minors — including gummy bears, rice crispy treats, and vape cartridges with cartoon packaging — and made unlawful health claims including appetite stimulation, sleep improvement, and anxiety relief. Key FDA findings across all five warning letters: - Products bore delta-8 THC content between 25–50 mg per serving, far exceeding levels associated with intoxication - Labeling contained disease claims prohibited under the FDCA - Products were marketed alongside conventional food products in retail settings without age verification - Manufacturers could not produce evidence of GMP compliance or batch testing The warning letters demand corrective action within 15 business days and signal escalating federal enforcement as FDA coordinates with state attorneys general on parallel state-law actions. The FTC has separately issued warning letters to social media influencers promoting the same product lines.