Cannabis Advertising State Regulations

• Ads should not feature CBD products that are food, drugs or dietary supplements. This includes beverages, gummies, pet foods and treats.
• Ads should not mention specific diseases or illnesses.  Words such as restore, prevent, mitigate, cure or treat should be avoided.
• Ads should not contain images targeted to children.
• Ads should not guaranty results.
• Any claims re health or therapeutic benefits must be substantiated.
• Ads should not make any claims regarding safety of a specific product.

Further, to minimize risk:

• Get indemnification from the advertiser regarding legality of products and compliance with federal and state regulation.
• Certification that all CBD products advertised contain no more than 0.3% THC.

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug.

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.”

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims.

3.) Do not guarantee results.

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.