CBD and advertising: what are the legal limits?

The most important rule to remember is probably this: in an advertisement for CBD, the product must never be presented as a therapeutic solution. This means that it is forbidden to claim that CBD cures, relieves, or prevents the onset of a disease or its symptoms. In practical terms, this means that it is prohibited to claim that CBD herbal teas reduce stress, that gummies combat anxiety, or that CBD flowers relieve joint pain and improve sleep.

However, it is permissible to communicate more general concepts related to well-being, while remaining very cautious. For example, you can highlight the quality of your products, their natural origins, their organic and/or local cultivation, their traceability, or even the artisanal expertise used in their design. 

Another essential element in advertising is that consumers must be able to distinguish between CBD products and recreational cannabis. Any reference to THC, intoxicating or even psychotropic effects is therefore prohibited. Furthermore, any allusion to smoking the products sold is also prohibited: as a reminder, in France, only CBD-based e-liquids are authorized, and these can only be consumed using an electronic cigarette. It is strictly forbidden to smoke products obtained from hemp flowers and leaves.

Mandatory information in advertisements for CBD products

The packaging and advertising of your CBD products must clearly indicate that CBD products have no psychoactive effects and comply with regulations, which impose a maximum THC content of 0.3%.

For CBD, as for other products, advertising must be clear and unambiguous. To ensure your communication is secure, you can, for example, indicate that the product is not a substitute for medication and advise consulting a doctor before starting a course of CBD treatment. The statement "not recommended for pregnant or breastfeeding women" can also be included in your communication materials. Finally, as with your packaging, the origin of the hemp and compliance with European standards must be mentioned.

> See also: What regulations apply to CBD packaging intended for professional sale?

CBD and advertising: highly regulated visuals

The images and visuals used in CBD advertising are subject to very strict rules. Here again, the aim is to distinguish CBD products from cannabis. Consequently, it is prohibited to use a visual of a cannabis leaf repeatedly or in an overly explicit manner. Visuals showing joints, cigarettes, or scenes of recreational use are also prohibited. These elements can be interpreted as promoting drugs, which is far from the message you want to convey to your customers.

Advertising must not target minors, nor use messages, visuals, or graphic codes that could indicate that their product is intended for them. No more cartoon characters, cartoonish fonts, or references to the world of youth in general (candy, toys, or any other visuals associated with childhood).

Key takeaway: for professionals, the key lies in sober communication, both in terms of content and form, and clear communication with transparency as the watchword. In addition to avoiding penalties, you will strengthen your credibility with consumers by projecting the image of a premium quality product, without false promises. Want to promote your brand and products but don't know how? Thitan can help you create your packaging and visuals. Our graphic designers will provide you with turnkey solutions tailored to your needs. Feel free to contact us us for more information!