CBD “restore” beverages sit in one of the most complicated regulatory gray zones in the modern drink aisle. On the shelf, they look like any other functional wellness drink. Behind the scenes, however, brands must navigate a maze of federal and state rules that can shift from one ZIP code to the next.

At the federal level, everything starts with the 2018 Farm Bill, which legalized hemp and hemp-derived cannabinoids containing no more than 0.3% delta-9 THC on a dry-weight basis. This is what allows most CBD restore beverages to exist at all. But that “green light” is only partial: while hemp-derived CBD may be legal as an ingredient, the Food, Drug, and Cosmetic Act still treats CBD differently from other botanical extracts.

Because CBD has been approved as a drug ingredient (in Epidiolex), the FDA’s current position is that CBD cannot lawfully be added to foods or beverages in interstate commerce, nor marketed as a dietary supplement, under existing frameworks. The agency has also concluded that a new, bespoke regulatory pathway is needed for CBD products and has asked Congress for help rather than issuing its own detailed rules. That leaves beverage brands in a holding pattern: they must still comply with general food safety rules—good manufacturing practices, contaminant testing, accurate ingredient statements, and avoidance of unsafe additives—even while the legal status of CBD in drinks remains unsettled.

Meanwhile, state governments have stepped in to fill the gap. Some states explicitly allow hemp-derived CBD and low-dose THC beverages with potency caps per serving, age restrictions, and licensing requirements. Others ban CBD in conventional foods outright or treat CBD drinks as cannabis products that can only be sold through licensed dispensaries. Still others are now moving aggressively to restrict intoxicating hemp-derived cannabinoids like delta-8 and high-potency THC seltzers, with several states tightening rules to prevent unregulated psychoactive beverages from landing on retail shelves.

Labeling and marketing claims are another major compliance risk. CBD restore beverages must follow standard food and beverage labeling rules—net contents, ingredient list, allergen disclosures, and manufacturer information—while also avoiding drug-like disease claims. The FDA and Federal Trade Commission have issued numerous warning letters to companies that advertised CBD products as treatments for cancer, Alzheimer’s disease, multiple sclerosis, and other serious conditions without adequate scientific evidence. For brands, this means sticking to modest, structure-function or wellness-oriented language (such as “supports relaxation”) and ensuring any claims are truthful, not misleading, and grounded in data.

Why does all of this regulation matter? In short: safety, transparency, and trust. Regulators worry about liver toxicity at high doses, interactions with medications, and inconsistent serving sizes in self-dosed beverages. They are also responding to reports of mislabeled products, contamination, and drinks that quietly include intoxicating levels of THC while being marketed like soft drinks. Clear testing standards, potency caps, child-resistant packaging where required, and honest labeling help prevent accidental overconsumption and protect minors.

For consumers, compliant CBD restore beverages are easier to understand and compare: labels clearly show how much CBD is in each can, THC levels are capped or disclosed, and health claims are more realistic. For brands, taking regulation seriously is not just about avoiding warning letters or product seizures—it’s about building long-term credibility in a category that is still under intense scrutiny from lawmakers and public-health agencies.