Legal Marketing V2
Legal Marketing – My CBD Cert Resources
In the US, hemp-derived CBD is completely legal in all 50 states 79.2% of patients with anxiety and sleeping problems reported a decrease in their issues 32% of millennials use CBD to reduce stress and anxiety, while 42% of baby boomers use it for joint pain 40% of Americans want to try CBD. The CBD market in the US is expected to reach $20 billion in sales by 2024 In the US, the top three states with the most CBD sales are California, Florida, and New York In 2019, China was the world’s largest cannabis exporter.
Delta 8 Legal States (Updated February 2023
FDA is aware that some companies are marketing products containing cannabis and cannabis-derived compounds in ways that violate the Federal Food, Drug and Cosmetic Act (FD&C Act) and that may put the health and safety of consumers at risk. A great resource is available on the FDA website:
https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-deri ved-products-including-cannabidiol-CBD
Per the FDA, all CBD products must comply with applicable state and federal laws. The FDA has stated that adding CBD to food, dietary supplements, and pet foods is not lawful. Other restrictions include:
1. CBD cannot be sold as a dietary supplement.
2. CBD products cannot claim to prevent, diagnose, treat, or cure serious diseases. 3. It is not legal to sell food to which CBD has been added.
The FDA notes that cosmetic products and ingredients are not subject to premarket approval by the FDA, and CBD is not among the ingredients prohibited or restricted by regulation. In short, it’s important to not make any statements about CBD products that are scientifically unproven and unsupported by the FDA. These rules generally apply to marketing CBD and should be followed if your CBD business uses traditional marketing, digital marketing, or both.
Considerations When Purchasing:
● Ingredients
What’s in, or not in the product? Make sure it does not have any ingredients that you may be allergic to some products may have up to .03% TCH so if this is an issue make another choice.
Note: Laws and regulations surrounding CBD are constantly changing. Please refer to the most recent regulations on the FDA’s website before proceeding with a marketing campaign.
The Challenges of CBD Digital Marketing
Unfortunately, the two largest online marketing platforms, Facebook and Google, still have rules in place that totally prohibit marketers from advertising CBD in paid ads. Although some marketers have tried, qualifiers like “hemp-derived” and “non-psychoactive” do not affect the platforms’ prohibition. Additionally, marketplaces like Amazon have prohibited the sale of CBD products semi-effectively. While it is possible for marketers to get ads with CBD products live, they are subject to disapproval or removal.
Until these platforms update their policies, they remain an inconsistent and unreliable way to market CBD online. Several other social media platforms that serve ads have similar policies, especially if the target market skews young. If you want to be successful in marketing CBD products online, you have to utilize other tools. These include programmatic advertising, organic search, influencer marketing, and affiliate marketing.
Programmatic Advertising
Several digital advertising programs, such as The Trade Desk, allow programmatic CBD ads. These platforms typically offer a wide variety of advertising options, including display, mobile,
TV, and digital audio. These platforms also allow you to set your campaign parameters, which allow you to control who sees your ads and where they are served.
It’s important to remember that your ad creative and parameters should be set according to the local laws. Violating those laws and guidelines may result in the removal of your ads.
Organic Search
Although Google doesn’t offer reliable keyword search volume information about CBD terms, you can still rank well for valuable, traffic-driving terms. A good strategy would be to raise brand awareness through programmatic ads and then capitalize on those terms in organic search.
Influencer Marketing
You can establish a presence on social media platforms that don’t allow you to advertise by taking advantage of influencer marketing. By allowing CBD brands to bypass the advertising restrictions on the platforms, influencer marketing allows brands to connect with the highly engaged audiences that influencers have cultivated. Influencer marketing comes with its own set of specific rules and it’s essential to make sure those are followed.
Affiliate Marketing
Affiliates work similarly to influencers, although they are not necessarily limited to social media platforms. Affiliates receive a commission, or percentage of the profits generated by the traffic they generate, and are typically members of large affiliate networks. Many of the large affiliate networks do not prohibit advertising CBD, making them a great legal resource.
Pay Attention to Your State’s Guidelines
The best way to ensure that your CBD marketing campaigns are legal and effective is to make sure to familiarize yourself with the specific laws in the states where you’re advertising. Once you’ve established a marketing strategy that follows all applicable laws, make sure to follow the guidelines set out by each individual marketing platform.
Fines
By Barak Cohen & Michael Bleicher on May 17, 2021, POSTED IN ADVERTISING & MARKETING, CANNABIDIOL (CBD), FEDERAL TRADE COMMISSION (FTC)
Today, the U.S. Federal Trade Commission (FTC) announced a settlement in the most recent law enforcement action in its ongoing efforts to monitor the marketplace regarding misleading cannabidiol (CBD) product claims. The action targets Kushly Industries LLC (Kushly) and the company’s sole officer for allegedly making false or unsupported health benefit claims about Kushly’s CBD product.
The FTC’s proposed resolution will bar Kushly and its officer “from making any representations about the health benefits, efficacy, safety or side effect about any covered product, including CBD products, unless the representations are true at the time they are made, are not misleading, and … rely upon competent and reliable scientific evidence …. It also requires them to secure and preserve any human clinical tests or studies they use to substantiate these health claims.” The targets will also have to pay over $30,000 in consumer redress fines.
According to the FTC’s complaint, Kushly’s advertising and marketing materials made unsupported claims that CBD can treat skin diseases, anxiety and depression, diabetes, insomnia, multiple sclerosis, Alzheimer’s disease, Parkinson’s disease, and some types of cancer. In several instances, these materials referred to supporting consensus from science or medical professionals for the statements but did not cite to or identify any such evidence. Daniel Kaufman, the Acting Director of the FTC’s Bureau of Consumer Protection, stated that this is the seventh case brought by the FTC “against CBD sellers who should know better than to make unsupported health claims for their products.”
As the industry continues to await guidance from the Food and Drug Administration (FDA) regarding the marketing of CBD products, the action is a significant reminder that government bodies are increasingly scrutinizing unsupported health claims by CBD manufacturers, especially those related to cancer and COVID-19. Last December, the FTC brought six enforcement actions against CBD manufacturers “that represent[ed] expressly or by implication that what they sell can prevent, treat, or cure serious medical conditions” without substantiating the claims. The FTC’s recent activity is particularly notable because the FTC initiated these actions independently, whereas previous FTC actions involving CBD marketing claims were primarily undertaken in concert with the FDA.
The FTC’s action indicates that it is not waiting on the FDA’s forthcoming enforcement policy to take action against unsupported health claims. Rather, the FTC is clearly prepared to take enforcement action against CBD product health claims it finds objectionable. There is good reason for CBD companies to be careful regarding unsupported healthcare claims.
QR Codes
Third-party testing results of CBD products are the best way to ensure quality. The process is QR codes on the packaging that leads to a COA (Certificate of Authenticity).
FLY
Yes, you can fly with CBD as long as it meets the following requirements:
- It is hemp-derived.
- It contains less than 0.3% THC.
- It is in its original packaging.
- You have a copy of the lab results showing that the THC content is below 0.3%.
You can carry CBD products in your carry-on bag or checked luggage. However, it is recommended that you carry it in your carry-on bag so that you have easy access to it if you are asked about it by a TSA agent.
It is important to note that the laws regarding CBD vary from country to country. Before you fly to a foreign country, it is important to research the local laws to make sure that CBD is legal there.
Here are some additional tips for flying with CBD:
- Be transparent with TSA agents. If they ask you about your CBD products, be honest and upfront with them.
- Keep your CBD products in their original packaging. This will make it easier for TSA agents to verify that they meet the requirements.
- Have a copy of the lab results showing that the THC content is below 0.3%. This will provide additional peace of mind to TSA agents and help to avoid any delays.
- Be prepared to answer questions about your CBD products. TSA agents may ask you questions about why you are carrying CBD, how you use it, and where you purchased it. Be prepared to answer these questions calmly and honestly.
By following these tips, you can safely and legally fly with CBD.
While marijuana and CBD are both found in the cannabis plant, they are not from the same single compound. Marijuana is a type of cannabis plant that contains high levels of THC, while CBD is a compound found in both marijuana and hemp plants that does not produce a psychoactive effect.