Selected passages from the FDA letter
Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.
Passage 1The claims on your website establish that your products, some of which are available in multiple varieties, “Delta 8 THC Distillate Oil," “Delta 8 THC Vape Cartridge,” “Delta 8 THC Disposable Vape Pen,” “Delta 8 THC Tincture,” “Delta 8 Infused Gummies,” and “Delta 8 Infused Sour Gummies” (hereinafter referred to as “Delta-8 THC products for humans”), are unapproved new drugs sold in violation of sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 355(a) and 331(d).
Passage 2Furthermore, these products are misbranded drugs under section 502(f)(1) of the FD&C Act, 21 U.S.C. 352(f)(1).
Passage 3FDA has also determined that your “Delta 8 Infused Gummies” and “Delta 8 Infused Sour Gummies” products are adulterated under section 402(a)(2)(C)(i) of the FD&C Act, 21 U.S.C. 342(a)(2)(C)(i), because they bear or contain an unsafe food additive.
Citations in the original letter
As cited in this historical letter, not a statement of current regulatory requirements.
- 21 CFR 170.30
- 21 CFR 170.30(a)
- 21 CFR 181
- 21 CFR 201.5
- 21 CFR 201.100(c)(2)