Hello all, Michael B here again for the last time … although “Kanna Knowledge” will provide an index of all topics we’ve previously covered.
Once again, the issues surrounding Delta products being sold in the dispensaries have raised an ugly head. We have repeatedly written about this and now, finally, the FDA has dipped a toe into the subject by issuing letters concerning this modified cannabis product. Insurers will certainly need to pay attention because there will be, as we predicted 2 years ago, new liability lawsuits filed on dangerous activities that result from its use.
Last month, the FDA issued five marketers of Delta-8-THC that were claiming disease improvement claims by ingesting gummies, chocolates and other unapproved products. The FDA wrote that these represent a serious threat to health as well as public activities like driving. These steps were taken because the FDA has cited results of intoxicating, hallucinogenic and psychoactive results in the use of these products. This is the beginning of a federal campaign to rid the market of Delta-8-THC. Kanna Knowledge reads many, many, newsletters, ads and promotional materials for this product and now that the FDA has more time because of COVID’s winding down, there will be cannabis businesses even put out of business because they have run to their attorneys for assistance. This action will be of no use. There is even a Delta-8 conference in Charlotte later in June promoting the product.
The companies that received notices from the FDA’s Center for Drug Evaluation and Research (CDER) were ATL Rx Inc., BioMed Plus LLC, Kingdom Harvest LLC , Delta 8 Hemp and M Six Labs Inc. If these are your insureds get in touch ASAP.
One lawyer in Denver who is and will be, clearly profiting from the Delta business controversy, and companies selling it, has said:” Many companies that are engaging in the sale of these products recognize that there is a lot of regulatory uncertainties at the Federal level and we do not anticipate federal regulations being issued anytime soon.” He went on to say “ I do not think this is a priority at all. This creates a gray area, where states need to step in and create something (sic) if they want to control restrict or control the sale of Delta-8 products.” Whew. If ever there were make-work thoughts from the bar, he says it all! According to attorney Rend Al-Mondihry all of these actions will take months to enforce.
It should be noted that there are no public FDA enforcement regulations in federal courts against firms selling CBD based on its legal status as a dietary supplement. The final word is that many of these products are being modified and MAY be inadvertently altered during the chemical synthesis of transforming CBD to Delta-8. Whatever the cause, public and corporate danger is present, so please make sure your retailers are aware of these issues as the government steps in. Liability coverages will be challenged.
BE SAFE AND WELL … Michael B