The popularity of hemp grew exponentially with the passage of the 2018 Farm Bill (“Farm Bill”). Per the definition section of the Farm Bill, hemp, with a concentration of no more than 0.3% of Tetrahydrocannabinols (“THC”), on a dry weight basis (also known as cannabidiol or “CBD”), was removed from the controlled substances list. As a result, businesses rushed to produce products that include hemp as an ingredient. Hemp products containing more than 0.3% THC continue to be classified as illegal marijuana. Businesses investing in hemp advertising are tempted to boast about the efficacy of their products to consumers. However, before doing so, businesses should get familiar with regulations related to hemp product advertising.
Are businesses allowed to advertise the efficacy of their hemp products?[Read More]