A super article from our colleagues in the US discussing the use of CBD in food.  

Since the end of 2018, hemp and hemp products are permitted to be sold in interstate commerce in the US. However, as "hemp products" are not defined, uncertainty has now emerged in relation to hemp-derived cannabidiol (CBD) in foods and dietary supplements.  At a federal level, the FDA currently prohibits foods and dietary supplements from using CBD as an ingredient.  However, individual states have begun implementing their own state-specific hemp laws (albeit inconsistently), with the general trend permitting the use of CBD in both foods and dietary supplements.

Although the federal regulatory pathway to CBD being permitted in foods and dietary supplements is yet to be determined, the lynchpin will be establishing that CBD is safe for use in conventional foods and dietary supplements. Until then, it is likely that individual states will continue to create their own regulatory structures in relation to the commercialisation of CBD products.