Introduction
For consumers, the widespread availability of products
containing cannabidiol (CBD) is old news. But for those in the
cannabis industry—and in particular, those monitoring
applicable regulatory developments—the state of CBD remains
largely in flux and continues to be marred by uncertainty.
Under the 2018 Farm Bill, the U.S. Food and Drug Administration
(FDA) retained its regulatory authority over products derived from
hemp, including CBD incorporated into products it traditionally
regulates, such as food, dietary supplements, and cosmetics.
Unfortunately for the industry, FDA has yet to propose or issue
formal regulations concerning the manufacture, distribution, or
sale of such products.1 At the same time, FDA has issued
numerous warning letters to producers and retailers incorporating
CBD into products operating in the complex gray area between state
and federal law. Nevertheless, recent events occurring across all
three federal branches of
