CBD Product Marketing

Some of the hottest product categories now are nutritional supplements and foods containing cannabidiol (“CBD”), in the form of gummies, liquids, rubs, tinctures, and a wide variety of CBD-infused foods. Unfortunately, there is often confusion about the legality of CBD products and how they can be marketing lawfully under both state and federal law. Kronenberger Rosenfeld helps manufactures and marketers who are selling or desire to sell CBD-related products on the internet.

Ready to get started?

Submit your case online

A thorough legal review is essential prior to launching your CBD product.

The sale of Cannabidiol (“CBD”) products are growing significantly throughout the country and internationally, but there is often confusion about how to lawfully market CBD products in the United States. Increasing the risk, the Federal Trade Commission (“FTC”) and Food and Drug Administration (“FDA”) have been targeting CBD companies for the claims made in advertising and in labeling.

Further confusing many advertisers is the 2018 Farm Bill. While some think this law legalized the sale of all types of CBD products, that is not the case. In fact, while the Farm Bill exempts hemp-derived products from Schedule I under the Controlled Substances Act, it does not legalize marijuana derived CBD, or CBD otherwise containing more than .3% of THC. Despite the exemptions of the 2018 Farm Bill, the FDA has taken the position that CBD is not a dietary supplement and needs to be regulated like a drug, whether for use by humans or animals, and that the FDA has stated that it may initiate enforcement actions if CBD products are coupled with therapeutic claims.

While risks of enforcement actions by the FTC are more substantial, the FTC’s enforcement powers are limited to the issue of whether false misrepresentations about CBD products are made to consumers. To this end, the FTC has taken the position that it is illegal to advertise that a CBD product can prevent, treat, or cure human disease without competent and reliable scientific evidence to support such claims. Accordingly, selling CBD products without the requisite substantiation could violate the FTC Act and other laws. The FTC can pursue a number of remedies, including obtaining immediate injunctive relief and an asset freeze, filing a federal lawsuit, commencing an administrative action, serving a civil investigative demand (“CID”), or issuing a warning letter.

Before marketing CBD products to consumers, companies and individuals should seek experienced legal counsel to review marketing practices to ensure compliance with federal and state laws. Kronenberger Rosenfeld has experience reviewing CBD products and CBD product advertising for legal compliance, and we would be happy to bring that experience to bear for your business.

Need a Legal Review of Your CBD Product Marketing?

We welcome you to submit your details using our online case submission form

Submit your case online

OR

by giving us a call at

415-955-1155

ext. 120 for new legal matters

The latest news & resources

Discover more about our firm and stay on top of internet-related legal issues

News
Are You Selling a Coaching Service or Work-at-Home…

 Understand the Legal Risks.With COVID-19/Coronavirus mandating many to stay at home, and with millions of layoffs, more businesses are selling work-from-home opportunities or coaching services…

Read More

News
What You Need to Know to Market CBD…

Cannabidiol (“CBD”) sales are growing, but there is often confusion about how to lawfully market CBD products. To make matters more serious, the Federal Trade…

Read More

News
Hire an Experienced Trademark Attorney to Avoid Trademark…

It is common to question whether hiring an attorney is necessary before filing a trademark application.  After all, anyone can file a trademark application with…

Read More

News
Legal Reviews Are Essential Before Advertising High-Risk Products

State-by-state reviews are often necessary for CBD, vaping, e-cigarettes, cannabis, hemp, tobacco, alcohol, firearms, gambling, and adult contentIt can be difficult to keep up with…

Read More