The U.S. Food and Drug Administration (FDA) maintains a cautious and restrictive stance on CBD-infused beverages. While the 2018 Farm Bill legalized hemp production and hemp-derived cannabinoids containing less than 0.3% THC, the FDA has not approved CBD for use in food or beverages sold across state lines. The agency continues to emphasize safety concerns and legal barriers that prevent CBD from being freely marketed as a food ingredient or dietary supplement.
CBD as a Drug Ingredient
The core of the FDA’s position stems from the approval of Epidiolex, a prescription drug containing purified CBD used to treat rare seizure disorders. Under the Federal Food, Drug, and Cosmetic Act (FD&C Act), once an ingredient is active in an approved drug, it cannot legally be added to food or marketed as a dietary supplement without specific authorization from the FDA. Because CBD is already approved in a drug form, its use in beverages automatically violates this rule.
Safety Concerns
The FDA has repeatedly stated that safety data for long-term CBD consumption is incomplete. The agency cites possible risks such as liver injury, drug interactions, changes in alertness, and potential effects on reproduction. Officials also warn that vulnerable groups—including children, pregnant or breastfeeding women, and those taking medications—may face added risks when consuming CBD-infused foods or drinks.
Since beverages are typically consumed frequently, the FDA argues that CBD’s cumulative effects need much deeper study before approval can be considered.
Regulatory Framework Limitations
The FDA has concluded that current food and supplement laws aren’t suitable for regulating CBD products. In a 2023 statement, the agency said it would not use existing dietary supplement or food additive frameworks to approve CBD in foods or beverages and instead urged Congress to create a new regulatory pathway.
To date, CBD has not been classified as “generally recognized as safe” (GRAS)—a key requirement for any food additive to enter the U.S. market legally.
Enforcement Actions
Because CBD beverages are considered “adulterated” or “misbranded” under federal law, the FDA has issued numerous warning letters to companies selling them. Some products, especially those resembling children’s snacks or drinks, have drawn sharp criticism for posing health risks or misleading consumers.
While most enforcement has focused on unsubstantiated medical claims — such as promises to relieve anxiety or chronic pain — any company distributing CBD beverages across state lines faces potential penalties.
State-Level Differences
Despite federal restrictions, some states have chosen to allow CBD-infused drinks sold within state borders. States like Colorado, Oregon, and California have set their own standards for hemp-derived food and beverage products. However, because federal law overrides state law in interstate commerce, these beverages still cannot be legally shipped or sold nationwide.
The Current Outlook
The FDA has called on Congress to design a new regulatory framework that could set safe dosage levels, manufacturing standards, and accurate labeling for hemp-derived cannabinoids. Industry groups and lawmakers have echoed the need for clarity, urging the agency to move faster to address consumer demand and safety oversight.
Until new rules are enacted, CBD beverages remain in a legal gray area — widely available in stores and online, yet still unapproved and technically unlawful under federal law.
Where Things Stand Now
The FDA’s stance is firm — CBD cannot legally be added to beverages or marketed as a dietary supplement under current law. While the market continues to expand, consumers and companies alike are operating in a space awaiting clear federal regulation and safety validation.