When the Agriculture Improvement Act of 2018 (the
"Farm Bill") was signed into law in December 2018, it
gave the Cannabidiol ("CBD") industry hope that this
would be a boon for business. With the passage of the Farm Bill,
companies thought that they would now be able to legally sell all
things CBD infused, including CBD cosmetics, foods, drinks, animal
treats, etc. However, the Farm Bill explicitly preserved the Food
and Drug Administration's ("FDA") authority to
regulate products containing cannabis or cannabis-derived compounds
under the Federal Food, Drug and Cosmetic Act (the "FD&C
Act") and Section 351 of the Public Health Services Act (the
"PHS Act"). The Farm Bill also gave states the power to
establish their own regulations applicable to the production, sale
and distribution of CBD products. As a result, companies that sell
cosmetics containing CBD ingredients must be aware of both federal
and state regulations concerning the lawful labeling and
advertising of
