A Colorado-based food firm has been issued a written warning from the FDA over concerns that customers might confuse their products for regular, uninfused foods. They assert that these products pose a risk of unintended consumption of delta-8 THC and cannabidiol. The letter, dated November 16, 2023, addressed products from both Discover CBD and Strain Snobs, such as their CBD Living Water and Active CBD Oil-Infused Coffee. 

Upon review, the FDA has determined that these products contain unsafe food additives and are therefore adulterated. Interstate commerce is prohibited for products which have been deemed as such. 

Where Does the FDA Stand on CBD and THC? 

 As of right now, the FDA has not approved any THC or CBD products. In 2021, they issued this warning regarding delta-8 THC, letting consumers know that they should be cautious of delta-8 brands who aren’t exactly transparent about what’s really in their products. This is actually why it’s important to look for third-party lab test results when shopping for delta-8 and CBD products alike: you never know when you simply can’t trust the information a company chooses to put on their product labels. 

Because the FDA doesn’t classify CBD or delta-8 as “dietary supplements,” the industry unfortunately doesn’t have a whole lot of regulation. That’s why Real Tested CBD is dedicated to providing you with unbiased reviews and third-party lab test results for all of today’s best CBD and delta-8 products! We’re here to help you make a well-informed choice about what products are right for you. Visit our website to check out our rankings of the current top CBD oils, CBD topicals, delta-8 gummies, and more! 

What Violations Were Committed?

The FDA is concerned that, because the Active CBD Oil Gummies were promoted as, “delicious, fruity candy,” they could easily be mistaken for conventional human food. Additionally, the product labels for CBD Living Water, Active CBD Oil-Infused Coffee are foods that CBD has been added to. 

Section 301(ll) of the FD&C Act, 21 U.S.C. 331(ll), prohibits the introduction into interstate commerce of any food to which CBD has been added. Because CBD is not an ingredient in conventional food, it is considered a food additive under section 201(s) of the FD&C Act.

It was also concluded that the Strain Snobs Delta-8 Plant-Based Gummies product is conventional food that delta-8 THC has been added to. Delta-8 is also considered a food additive because it is not an ingredient. These products have all been deemed “adulterated,” under section 409 of the FD&C Act. 

Keep Up With CBD News at Real Tested CBD!

For more up-to-date information about CBD and delta-8 THC, visit our website. You’ll find our blog, where we post hemp-related news, answers to common questions, product reviews, and more! You can check out our choices for the best products on the markets and even use our delta-8 finder as a resource for the next time you’re searching for “Delta-8 Near Me!”

Dr. Igor Bussel, M.D., M.S., M.H.A
Dr. Igor Bussel, M.D., M.S., M.H.A Dr. Igor Bussel, M.D., M.S., M.H.A is a clinician-scientist and ophthalmic surgeon. Before attending Chicago Medical School, he worked as a Research Scientist in a Healthspan Pharmacology Laboratory at University of California, Irvine focused on investigating the impact of botanical extracts and dietary supplements that can slow the aging process and add healthy years to human life.

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