The FDA's CBD Problem: Why Hemp-Derived CBD Still Has No Clear Legal Status
Five years after the 2018 Farm Bill legalized hemp, the FDA still has not created a regulatory framework for CBD in food and supplements. Here's why — and what it means for consumers.
Sarah Chen
Editor-in-Chief, Cannabis Dispensary
The 2018 Farm Bill legalized hemp and hemp-derived products including CBD, creating a massive consumer market almost overnight. By 2025, the US CBD market exceeds $7 billion annually. Yet the FDA still has not created a clear regulatory framework for CBD in food, beverages, and dietary supplements — leaving consumers, businesses, and regulators in a legal gray zone.
The FDA's Position
The FDA has consistently maintained that CBD cannot be legally added to food or marketed as a dietary supplement because it was first approved as a drug (Epidiolex) before being marketed as a supplement. Under the Federal Food, Drug, and Cosmetic Act, a substance that has been approved as a drug cannot be marketed as a dietary supplement.
The Practical Reality
Despite the FDA's position, CBD products are sold everywhere — gas stations, grocery stores, pharmacies, and online. The FDA has issued warning letters to companies making unsubstantiated health claims but has not taken enforcement action against the broader CBD market. This regulatory ambiguity has created a Wild West environment where product quality varies enormously.
Quality Control Problems
Multiple independent studies have found that CBD products frequently do not contain the amount of CBD stated on the label. A 2020 study found that only 31% of CBD products were accurately labeled. Contamination with pesticides, heavy metals, and undisclosed THC is also documented. Without FDA oversight, consumers have no assurance of product quality.
Congressional Action
Congress has been pushing the FDA to create a regulatory framework. The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act would direct the FDA to regulate CBD as a dietary supplement. As of 2025, the bill has bipartisan support but has not passed.
What Consumers Should Do
Until a regulatory framework exists, consumers should look for CBD products with third-party lab testing (COAs), ISO 17025 accredited labs, and clear labeling. The Lab Results Database on this site includes COA data for major CBD brands.