Joshua Mandell wrote an article for Marijuana Venture summarizing the best practices for advertising cannabis and medical marijuana products, including examining guidelines set forth by the Controlled Substances Act, U.S. Food and Drug Administration, and U.S. Federal Trade Commission.
Mandell pointed out that there is not a consistent set of advertising guidelines. Therefore, it is crucial for businesses to be keenly aware of the state laws in which they plan to advertise. “As the cannabis and CBD industries enjoy increased legalization and rapid growth, it is important to understand that the laws governing advertising are just as varied, inconsistent and often conflicting as the laws that govern cannabis generally. This is especially important as companies endeavor to create national brands on a state-by-state basis. Because there is no one-size-fits-all, it is paramount that businesses understand the relevant rules before advertising in violation of the law.”