The ASA/CAP have released a post called: CBD marketing: a potted guide for budding entrepreneurs. I have enclosed the text of the link below, but please have a look at the ASA/CAP site as there are lots of things of interest to anyone with an interest in Ethical Marketing.
With the recent announcement that the UK has become the world’s second largest consumer market for cannabinoid products, the importance of ensuring that CBD advertising is compliant with the Advertising Codes is more essential than ever. Here are four top tips to help your CBD ads get the regulatory A-OK:
1. Take Heightened Care with THC
CBD products may contain trace levels of Tetrahydrocannabinol (THC), the main psychoactive compound in cannabis and a controlled substance in the UK. To ensure your CBD does not pique the interest of your local CID, marketers are strongly advised to read this Home Office factsheet and seek specialist legal advice before bringing a CBD product to market.
2. Don’t make a hash of the medical regulations
According to the MHRA, any CBD-containing products which are taken for medicinal purposes should be licensed as a medicine. If your product hasn’t been licensed by the MHRA, please refrain from using medicinal claims in your marketing- which includes the use of terms such as “cure”, “restore”, “prevent”, “avoid”, “fight” or “heal”. Also, it should go without saying, but claiming that your product treats cancer is prohibited by law.
More specific advice can be found here: https://www.asa.org.uk/advice-online/cannabidiol-cbd-containing-products.html.
3. Take a by-the-book approach with Novel Foods
CBD products that aren’t medicinal could potentially be classed as Novel Foods. Under the Novel Foods Regulations, risk assessments and authorisations are required before those foods can be sold. Marketers looking for more information on this should consider this Novel Foods Guidance from the Food Standards Agency (FSA).
4. Make sure your Cannabidiol Edibles are Compliantly Incredible
Even if your product has managed to avoid the above hurdles, it is likely to be subject to general Food regulations. Of particular note, specific health claims listed as authorised in the Great Britain nutrition and healthcare register (or the EU Register, in the case of Northern Ireland) can be used in ads for foods, and only if the product can satisfy the conditions of use. General health claims must be accompanied by a relevant specific authorised health claim.
For further help with your non-broadcast hemp-related needs, please contact the Copy Advice Team.