Cannabis Advertising State Regulations

Allowed

According to the South Carolina Compassionate Care Act Bill 3361 the following are the cannabis advertising regulations in south carolina:

(i)     restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary; listings in business directories, including phone books; listings in cannabis-related or medical publications; or the sponsorship of health or not-for-profit charity or advocacy events, provided that the restrictions must include:

(i)requirements that the medical cannabis establishment’s logo, advertising, and signage must be tasteful, respectful, and medically focused and must not appeal to minors or contain cartoon-like figures or attempts at humor;

(ii)requirements that medical cannabis establishments must submit any logo or sign for review to the department in accordance with department regulations;

(iii)prohibitions on medical cannabis establishments from using marijuana leaves or slang for cannabis in or on their signs, logos, packaging, or structures;

(iv) limitations on the size or location of signs; and

(v)prohibitions against using neon colored signage, logos, packaging, or neon colored signage or logos on structures;

(j)requirements and procedures for the safe and accurate packaging and labeling of medical cannabis, cannabis products, and industrial hemp for human consumption that is sold at dispensaries;

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

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