CBD Marketing & Advertising | Federal Rules & Laws | SEO for CBD

Legally speaking, nothing written here is legal advice from an attorney unless otherwise specifically noted. I am not a lawyer or a legal expert of any kind. I’m a reader and writer with many opinions! With that said, let’s explore…

Marketing & Advertising for the Cannabis & CBD Industry: A Guide

Marketing for the CBD industry is hard (not to mention the Cannabis industry) With so many restrictions on what, when, where and how, it’s hard to imagine where to even begin. When beginning to consider the topic of how to reach out to cannabis and CBD industries, I was presented with just this issue. I had all the footage, all the material, and all the music, creativity, market potential, editing and writing in the world - now where do I post it? What are the regulations on each platform and on the web in general?

Instead of wading through the 5 pages of CBD and cannabis marketing material on the very basics of how to advertise cannabis and CBD, with no specific information beyond saying “go to individual state regulatory websites,” I decided I needed to see the actual legal terminology. I got access to Lexisnexis, where lawyers go for all things legal and regulatory - ask your nearest attorney, and got all the information on regulations I could find, regarding marketing cannabis and CBD. Let’s explore the Top 8 Questions and Answers in regard to CBD Marketing and Advertising in the United States.

Top 8 Q&A | CBD & Cannabis Advertising | StoryTime SEO

Q: What is the top regulation I need to be aware of when advertising CBD?

A: Section 5 of the Federal Trade Commission (FTC) Act (15 U.S.C. § 45), which deals with “unfair or deceptive acts or practices in or affecting commerce.”

Q: What does the Section 5 of the Federal Trade Commission (FTC) Act (15 U.S.C. § 45) say in a nutshell?

A: Paraphrased, the FTC Act says of CBD advertising:

1. Make sure all advertising is “truthful and evidence based.” Sticking ENTIRELY with science-based fact, backed up with evidence from reputable sources, is always the best way to advertise. It’s the only way we advertise.

2. Stay away from “Health or drug-related” claims.

3. You may not mention depression, anxiety, heart disease, cancer, schizophrenia…all the health issues. There is simply no “competent and reliable scientific evidence” based on “human clinical testing” proving the health benefits of CBD. One day!

Q: What other acts have a say in the advertising and marketing of CBD products?

A: The FDA, through The Food, Drug and Cosmetic Act (FDCA) (15 U.S.C 1451) has certain requirements of labels and marketing communications which determine that CBD marketers are “illegally selling products online that claim to prevent, disagnose, treat or cure cancer without evidence to support these outcomes.”

The following advertisements have been removed by the FDA. We should learn from this…

• "CBD has anti-proliferative properties that inhibit cell division and growth in certain types of cancer, not allowing the tumor to grow"

• "Almost all studies recognize CBD's potential in preventing both cancer spread and growth"

• "CBD has antipsychotic properties, which makes it very useful for treating bipolar disorder"

• "CBD makes cancer cells commit 'suicide' without killing other cells"

• "CBD provides relief of chronic pain"

• "CBD has anti-inflammatory benefits"

Q: Can I use personal experience with the CBD product in my advertising?

A: Yes! For both customer testimonials and influencer marketing, stay safe and follow these rules published by the National Association of Cannabis Businesses (NACB) when creating CBD advertising using personal experience:

• You CAN use expressions like “often used for” but NOT with disease names (examples include fibromyalgia, cancer, or osteoarthritis) or claims

• You SHOULD warn users that the results vary - they will!

• You SHOULD use statements like: "These statements have not been evaluated by the FDA."

• Don't use any words like "cures," "disease," "repairs," "treats," "chronic," or "acute"

• Don't talk about any illness or symptoms like coughing, fever, or sneezing

• Don't recommend the oil or product for use with or as a substitution for some other drug - any drug.

• Don't state that the product mimics any other medication, over the counter or prescribed

• Don't use any words, symbols, or images from the medical or pharmaceutical industries. For example, the terms "Rx" or"prescription."

Q: What information MUST be included in all CBD product marketing & advertising?

A: Below is a list of “must haves” for all CBD Advertising:

• Clearly identify the party responsible for the content you are releasing

• The following statements:

○ Mention specifically that products are for adult-use (i.e., not underage individuals)

○ If sold for medicinal use, remind the reader that they need a current doctor's prescription

• A warning of any health risks associated the product use and consumption

• A warning for women who are breastfeeding - scientific research isn’t available yet to prove the safety of CBD products for pregnant or breastfeeding women.

Q: Can I describe the psychological or physical effects of your CBD product in advertisements?

A: You CAN! But, only in addition to the regulations listed above, and only if they follow the following rules, followed by the National Association of Cannabis Businesses:

• Comply with Article 2.16 of the Standards addressing packaging and labeling, including, among other regulations, that an business can:

○ Say or imply that your product cures any disease

○ Mention any health-related issue specifically

○ Say that your product mimics any type of legal or illegal drug

○ Use any words, symbols, or images commonly found only in the medical or pharmaceutical industries, like the term "RX," or a mortar and pestle

• Warn that the product will affect all consumers differently

• Include a warning that any medical claims have not been approved by the FDA

Q: What other laws or issues regarding CBD Advertising do we want to avoid?

A: The National Association of Cannabis Businesses (NACB) follows the guidelines below for all their advertising material:

• Supporting excessive consumption - showing people wasted

• Consumption by underage individuals

  • using cartoons, toys, mascots, logos, or anything else that might be attractive to a child or underage individual.

  • Targeting people outside the legal age range for the product without using a legal method of age affirmation (we will discuss this later).

• Driving while under the influence

• Referencing cannabis or cannabis related products as safe and regulated

• Promote non-medicinal (recreational) use of cannabis or products in states where it is still illegal (this is serious!)

• Ads where people inhale, exhale or ingest cannabis or cannabis products (salves and lotions are ok)

• Any ads that degrade any type of person

• Ads that discuss trafficking cannabis over state lines

Q: How do I avoid marketing to underage individuals?

A: Follow the following rules for Digital Advertising and Age Restrictions for CBD & Cannabis:

1. You must have a “neutral age-screening mechanism” to verify the age of all visitors to your website in this industry. This means an age verification page or pop-up that can accurately determine age and permit and restrict access accordingly.

2. Legal professionals do note that a check-box might not be good enough. It might be safer to have a drop-down or text box prompting the visitor to enter their birth date.

Cannabis & CBD SEO | Do I need an SEO Agency for my CBD Small Business?

Yes! Because marketing in the cannabis and CBD industry is so overly regulated (in our humble opinion), it’s difficult to know what to post, where to post it, and what rules to follow when creating marketing content for your website or social media. SEO for CBD is a must-have. SEO consultants work behind the scenes to ensure that your site is highly visible on Google, as well as providing you with the guidance you need to actually release that marketing material!

CBD & Cannabis Marketing | StoryTime SEO | End of Story

Yes, there is so much to be aware of when marketing in the CBD and Cannabis industry. The information above is directly from the article entitled “Cannabidiol (CBD) Oil and CBD Infused Products Advertising,” published by The National Association of Cannabis Businesses. More on Cannabis-specific regulations, in future articles - but sign up to our blog to learn more about state-specific CBD Advertising and Marketing Regulations from StoryTime SEO - leader in SEO for CBD Marketing.