What NOT To Say In Marketing CBD In 2021
How Do You Market A CBD Brand?
Note: we are not legal counsel, the following is based on our experience in the CBD industry. We advise you to seek professional legal advice.
CBD has grown in popularity in recent years and many entrepreneurs jumped on the CBD business train. However, the CBD industry’s legislation is yet to be completely defined, and knowing what not to say in marketing CBD is a crucial step so that you don’t risk facing costly regulatory enforcement and consumer class actions.
We know how amazing CBD can be, and that it can greatly improve our general state of health and wellbeing. And it’s not just us saying this. There’s a lot of scientific evidence and many positive reviews backing these claims. But although the 2018 Farm Bill legalized industrial hemp-derived CBD in the United States, the laws governing CBD oil products are still in a grey area. That’s why companies operating in the cannabis industry need to be well-informed on state and federal labeling and advertising requirements. By being careful how they market their products, they can avoid falling victim to attorneys seeking to capitalize on this proliferate industry, or worse, seeing their businesses destroyed by it.
To assist all those trying to navigate the CBD market’s ambiguous laws and bureaucratic hurdles, here’s a list of what to say and what NOT to say in marketing CBD.
What Not To Say In Marketing CBD
If you are selling CBD products, you must be extremely careful about the claims you make. Still, trying to figure out why knowing what not to say in marketing CBD is important?
We’ll explain it all shortly.
Together with the booming of the CBD industry, there was also an explosion of companies trying to market their cannabidiol products in all ways, and with all methods.
Many of them have been advertising CBD as a miracle cure for everything, capable of healing the body inside out. All without properly ensuring their claims are adequately substantiated and compliant with Federal Trade Commission (FTC), Food And Drug Administration (FDA), and Food Drug And Cosmetic Act’s claims guidelines for public health.
Entrepreneurs should know is that for the time being, CBD products are excluded from the FDA’s dietary supplement definition. And although CBD was never included in the Controlled Substances Act, more investigation is needed for completing the compound’s safety for human use. Thus, making health-based claims to market CBD products invites regulatory scrutiny, regulatory enforcement actions, and lawsuits.
By now, you may be wondering what you can actually say to market your product. Well, here’s what you can and cannot say in CBD marketing:
Don’t Make Health Claims Or Mention Health Benefits
Medical claims are in first place in our what not to say in marketing CBD list. Make sure that your labels and your advertisements do not mention specific diseases or illnesses that CBD could treat successfully. The language and regulations surrounding drugs are extremely strict and any sort of health claim may be considered misleading. It’s highly recommended you consult with an FDA regulatory lawyer regarding what language is acceptable.
Be Careful What Words You Use
When creating your content, whether it’s for your blog, social media page, or for email marketing, be careful not to include words that are related to the medical field. You cannot say for example that your product “diagnoses”, “cures”, “mitigate”, “treats” or “prevents” any disease, or any recognizable symptom of an illness.
Stating that a CBD product may cure anxiety or heart disease can expose you to FDA scrutiny. On the other hand, affirming that cannabinoids may lower stress or promote restful sleep is a good way to market your product without crossing the legislation.
Don’t Guarantee Results
A company caught up in false advertising can end up losing money. To reduce liability risk, don’t guarantee results, and ensure all claims made are sufficiently substantiated. When it comes to supplements or even over the counter medicine, no one can guarantee the desired result as each body is different in how it reacts to supplement.
Can you react badly to CBD? is a question we get often. Most people take CBD without any adverse effects, but in rare cases, a bad reaction can occur. The “absolutely no risk” specification can be risky when you are selling and advertising cannabis products.
That’s why, if you sell CBD and you wish to avoid any legal action it’s better to be completely covered. Side effects, although rare, can happen and those suffering from any health problems should consult their doctor before taking CBD.
All in all, CBD is a fantastic compound and when advertised right, it can help improve the lives of many people.
Have more questions regarding the health benefits of CBD oil or any concerns regarding what not to say in marketing CBD?
Or maybe you are thinking of becoming a CBD seller? We have a wholesale CBD program that is a great option for first time sellers, or experienced sellers looking to partner with a reputable company and offer quality products.
We are here for you! Contact us through our form or email address, or call to talk with one of our wellness concierges.