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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