The short answer
CBD is one of the most searched — and most misunderstood — FDA topics. FDA does not allow CBD in foods or dietary supplements, hemp seed foods are allowed, and a new federal hemp definition limiting THC to 0.4 mg per container takes effect for most products on December 11, 2026.
What exporters should watch for
🚫 CBD in food and supplements
FDA’s position is that CBD cannot be added to food or sold as a dietary supplement, because it was first studied and approved as a drug. In 2023 FDA said a new regulatory pathway from Congress was needed. Products making health claims are unapproved drugs.
🌰 Hemp seed foods
Hulled hemp seed, hemp seed protein powder and hemp seed oil can be used in foods — FDA did not object to their GRAS notices. The facility registers with FDA like any food plant.
📅 New federal hemp definition
A law signed November 12, 2025 redefines hemp by total THC and excludes finished products with more than 0.4 mg total THC per container, plus synthetic cannabinoids. Most of it takes effect December 11, 2026 after a 30-day delay; non-natural cannabinoids were covered from November 12, 2026.
✨ CBD cosmetics
CBD is not banned in cosmetics by name, but the product must be safe, registered and listed under MoCRA, and free of drug claims such as relieving pain or inflammation. Full-spectrum products must also respect the new THC limits.
Common reasons shipments are stopped
- CBD added to foods, drinks or supplements
- Health claims such as pain relief, anxiety or sleep
- Total THC above the new per-container limit
- Synthetic or converted cannabinoids such as delta-8
- Cosmetics not registered or listed under MoCRA
🏢 No U.S. company to act as FSVP importer? Orionex offers an FSVP importer service for food and dietary supplements — from $80 per shipment, with the program and Qualified Individual included.
Can we help with CBD or hemp products?
We can review your product and labels against FDA’s current position and the new federal hemp definition, and handle FDA registration for permitted products such as hemp seed foods and cosmetics. We do not register CBD foods or supplements, because FDA does not allow them. Email us your product details.
Tell us your product — we’ll confirm what FDA requires, in writing, by email.
Frequently asked questions
Can I export CBD gummies or CBD oil supplements to the U.S.?
Not legally as foods or dietary supplements under FDA’s current position. FDA considers CBD excluded from foods and supplements because it is an approved drug ingredient. Products with health claims are also unapproved drugs. The new federal hemp definition adds THC limits on top of this.
What changes on December 11, 2026 for hemp products?
Most of the new federal hemp definition takes effect: hemp is measured by total THC, and finished hemp-derived cannabinoid products with more than 0.4 mg total THC per container — and synthetic cannabinoids — fall outside “hemp”. FDA still has to publish related cannabinoid lists and guidance, so check the latest status before shipping.
Sources
- Hemp Law Group — Federal hemp ban 2026: where things stand (current to Nov 9, 2026)
- FDA — FDA concludes existing frameworks not appropriate for CBD (2023)
- FDA — FDA regulation of cannabis and cannabis-derived products, including CBD
Checked against FDA and other official sources on November 11, 2026. This guide is general information, not legal advice.