Health Claims Rules and Regulations for Cannabis, Hemp and CBD Products:
A CMA Webinar Brief
By Vyla Carter
In August of 2019, Jennifer Whetzel spoke to CMA members about cannabis, CBD, and hemp marketing regulations during a webinar.
Whetzel is the founder and CEO of Ladyjane Branding. She has over 25 years of experience working for Fortune 500 companies and small businesses on branding, marketing and more. She is now bringing this experience to the cannabis industry.
Because of the many restrictions cannabis marketrs face, it can be difficult to brand a cannabis, CBD or hemp company. Whetzel discusses everything you need to know before you start to sell a product.
Barriers of Making Health Claims for Cannabis, CBD and Hemp Products
Whetzel went over all the governing bodies that regulate cannabis, CBD and hemp branding. She went into detail about each organization’s rules and how they impact cannabis branding and marketing.
Regulating bodies to be considered when making health claims include the Controlled Substance Act, the FTC Truth in Advertising, the Federal Drug and Cosmetic Act of 1938, the Dietary Supplement Health and Education Act, and the FDA.
She broke down each of these barriers, explaining how the regulations apply to cannabis and what may happen to a cannabis brand if they do not follow the rules and regulations set forth by these organizations. For more details on how these organizations regulate cannabis branding, watch the full webinar.
The speaker also explained how misbranding products can get cannabis, CBD or hemp brands in trouble. She gave instances of when this happens and how to protect yourself from doing it to your brand
How to Brand with the Cannabis, CBD and Hemp Marketing Regulations
Even though all these restrictions and guidelines make it seem impossible to brand a cannabis brand, it is possible.
Whetzel gave the audience a list of phrases and words to not use when describing a cannabis, CBD or Hemp product. She then listed alternatives to these that you can use without getting flagged by the FDA and other governing bodies.
An example of this is that you cannot say “this product relieves pain.” Instead, you can say “may help relieve inflammation associated with normal daily exercise and activity.” For more examples like this, watch the full webinar.
She also gave a list of what you cannot claim your product treats or helps with because of cannabis, CBD and hemp marketing regulations. For example, you cannot claim your product treats anxiety disorder or sleep apnea.
Whetzel gave her own recommendations. She emphasizess that simply not making health claims is the best way to avoid the FDA. Not only is making these health claims federally illegal, but it is irresponsible, as cannabis doesn’t work the same for everyone.
Finally, she reviewed ads that marketed cannabis without making health claims but still made the customer interested in the product.
Going along with this, she gave the audience an inside look at her archetypal segmentation model for the cannabis industry. This is a valuable tool when figuring out what type of customer you are selling to. It also helps you find out how to send your message effectively.
The webinar ended with a live question and answer session. This included a discussion about customer reviews that make health claims and health claims and cosmetics.
Interested in learning more about cannabis, CBD and hemp marketing regulations? Become a CMA member today to get access to the full webinar and other insightful cannabis marketing materials!
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