On Demand

CBD Oil Advertising, Marketing and Regulation: Riding High or Up in Smoke? (Update)


Created on May 07, 2020




The passage of the 2018 Farm Bill and the removal of CBD oil containing less than 0.3% THC from the list of controlled substances has created a lot of buzz surrounding CBD oil and a lot of expectations in terms of products and sales growth. Since the enactment of the Farm Bill, many states have helped clear the road to CBD legality with new legislation, and the USDA has clarified requirements for hemp cultivation. Some roadblocks remain, however, at the federal level, particularly with respect to the FDA's position on adding CBD to food or dietary supplements. Additionally, as the market for CBD has developed, so has the involvement of the class action bar and the enforcement priorities for regulators.

This program, taught by Randy Shaheen and Jack Ferry of BakerHostetler LLP, will help attorneys and advertisers better understand what CBD oil products they can legally advertise and sell, what advertised claims are likely acceptable, and what advertised claims are high risk. The course will provide an overview of the current federal and state regulatory status of CBD oil and its use in various products as well as offering predictions of likely future regulatory status changes. The presenters will also review some of the most common CBD oil claims, their current regulatory status and note some potential hurdles to making such claims in the near future and potential strategies for working around any such hurdles.  

Learning Objectives:

  1. Identify what CBD oil products can be legally marketed and advertised under federal law, including under the Controlled Substances Act and the Food, Drug and Cosmetics Act
  2. Review the restrictions governing the production of hemp and action taken by the federal government in the past year to provide additional clarity in this area
  3. Discuss current federal enforcement priorities regarding CBD oil advertising claims and current proposals and approaches to potentially expanding the scope of legal CBD oil products under federal law
  4. Assess what CBD oil products can be legally marketed and advertised under state law and current state enforcement priorities
  5. Analyze the current typical advertising claims for CBD oil and their regulatory risk and class action risk
  6. Avoid potential hurdles to expanding the scope of CBD oil advertising claims recognized as substantiated by regulatory authorities and discuss potential "work arounds" to such hurdles

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