The Food and Drug Administration of the United States of America has recently issued an important regulation that sets the status of cannabis and its components as non-dietary. What does this statement mean for the cannabis industry and its customers? Let us find out.


THC and CBD formulas.
FDA has made an official statement regarding the use of THC and CBD products – you can find it below.

Cannabis and its mostly used components — CBD and THC — have been the subject of a long-term discussion in each country of the world. Expectedly, the Food and Drug Administration of the United States of America needed to proclaim its official statement towards cannabis and cannabis-derived compounds as the parts of other products.

FDA has made such a statement and it goes as follows. CBD and THC cannot be used as dietary supplements because they violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). Here are some detailed theses regarding this official statement:

  • The FD&C Act prohibits the sale of CBD and THC products as dietary supplementsCannabis products are not in the definition of dietary supplements. And no one can neither sell nor market as the products of such type.
  • The FD&C Act forbids the addition of CBD and THC products to any food supplements: both for humans and animals. There are still no sufficient research and regulation towards CBD as an edible supplement. Therefore FDA treats it also as an unapproved food product.
  • Other cannabis components can still be used in food supplements. As long as they meet other requirements of the FD&C Act. Food products may also include cannabis-derived ingredients. Even if they contain traces of CBD and THC.
  • There are some exceptions of cannabis products for dietary supplements. These exceptions are hulled hemp seed, hemp seed protein powder, and hemp seed oil. They can be added to the food products. As long as they meet all other FD&C Act requirements.


HAnds are holding bricks with FDA abbreviation.
FDA regulations define where and how you can use CBD products.

The mentioned above FDA regulations have provoked lots of questions towards cannabis products. They especially focused on CBD which has no psychoactive effect.

People usually wonder why CBD remains mostly illegal in spite of its health benefits and the absence of the “high” effect. The questions also commonly refer to the nuances of CBD sale and purchase under the circumstances of the new FDA regulations.

We will try to answer the most frequently asked question towards FDA regulations to provide you with the most important pieces of information available for now.

Why Does FDA Still Treat CBD as Illegal?

The main reason CBD is not yet legal to be a food supplement is the lack of research. There is still too little information about CBD effects and health benefits.

The situation becomes even harder due to some dishonest traders who proclaim the magical effects of CBD like treating cancer or Alzheimer`s disease. FDA is called up to protect consumers from false information that provokes unwarranted purchases.

As soon as we properly research cannabis and CBD, there is a hope that the regulations will become softer for these types of products.

Can CBD Be Sold Legally Nowadays?

Primarily, the legal status of the CBD sale and purchase depends on the intention of use, labeling, and marketing strategy. Actually, the Agriculture Improvement Act has already legalized hemp, which usually contains CBD. But it does not automatically mean that CBD is legal for sale.

FDA regulation underlines the very important nuance. No CBD product we can advertise or sell as a cure or prevention for any disease. Except for two rare forms of epilepsy for which CBD has proved its usefulness.

Can CBD be Used in Dietary Supplements?

No. That is the main point of the new FDA regulation. It prohibits CBD and THC products from adding to the food for humans and animals.

CBD is excluded from the definition of the dietary supplement. It means we cannot add it to food products under the federal law of the United States of America.

Can CBD Be Added to Foods?

No. The FDA regulations proclaim CBD as the component that we cannot legally add to the food supplements. As well as cannot be advertised as a food product.

However, the FDA regulations do not claim jurisdiction over the locally made food products which you don’t sell and ship to other states. Theoretically, if your state does not prohibit cannabis products. You can produce and sell CBD-enhanced food as long as it remains in the borders of your state.

Can CBD Be Added to Cosmetics?

Cosmetics with cannabis CBD oil on a light background.
FDA allows adding CBD to cosmetics.

According to the actual FDA regulations — yes, there are no restrictions on this matter. The product must still correspond to the standard FDA regulations towards any product. For example, it must be safe for consumers and must not have false advertisement.

Note, that CBD-enhanced cosmetics can still be illegal on the federal level due to the overall illegal status of the cannabis products on this level.

Can CBD Be Used as a Drug Component?

There is still no distinct answer to this question. The FDA is now working on the subject and we can expect some news about the regulations towards CBD as a drug component in the nearest future.


Although CBD and THC were illegal as dietary supplements, there are still lots of opportunities to use cannabis products to get some health benefits. The current work of the FDA should clarify the legal status of CBD products in various forms in the nearest future.


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