Marketron

Month: November 2019

What’s the Deal With CBD Product Advertising?

Contributors: Brad C. Deutsch, Principal, Foster Garvey, P.C. and Benjamin J. Lambiotte, Principal, Foster Garvey, P.C. 

Ever since December 2018, when the 2018 Farm Bill removed hemp and derivatives containing no more than 0.03% THC from Schedule I of the Controlled Substances Act (“CSA”), it seems that hemp-derived CBD products are everywhere – in grocery stores, pharmacies, online, and even in pet stores and restaurants. Sales and investment growth figures for the CBD industry are staggering and with that a lot of potential advertising revenue. However, any decision to take CBD advertising must be made with an understanding that the legal status of CBD-infused food, beverages, and dietary supplements remains unsettled and confusing. Although hard and fast rules are hard to come by (and probably will be for a while), here’s a summary of where things stand as of October 2019.

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Keep Your Files in Order

Contributors: Brad C. Deutsch, Principal, Foster Garvey, P.C. and Benjamin J. Lambiotte, Principal, Foster Garvey, P.C. 

Just as the 2020 federal election campaign shifts into high gear, on October 16, 2019, the Federal Communications Commission issued two significant orders “clarifying” broadcasters’ political public file obligations in response to complaints filed against several stations.  In both orders, the Commission made it very clear that it is station licensees – and not political ad sponsors or their ad buyers – who are responsible for ascertaining, collecting, and uploading in a timely manner to the FCC online political public file, all the information required by Section 315(e) of the Communications Act and the FCC’s political broadcasting rules.

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