In a recent action, the FDA issued 15 warning letters to companies marketing CBD products – warning them about marketing both for edible products and for health claims. The FDA also released a Consumer Update warning consumers about many of the potential risks of CBD use and included a litany of advertising issues that the FDA found problematic, beyond the simple issues of advertising products to be ingested and making specific health claims.
The developments surrounding the regulation of cannabis products, and the impact of that regulation on the ability of broadcasters and other media companies to run ads for these products, continue on an almost daily basis. What does it all mean for media companies that have been approached to advertise these products?
Last year, the FDA adopted requirements to tag advertisements for vaping and e-cig advertising with a warning that e-cigs contain nicotine and that nicotine is an addictive chemical. According to the FDA, the new disclosure obligations are still set to become effective on Aug. 10, 2018.
Next Monday, new rules issued by the Food and Drug Administration will go into effect concerning radio, television and online advertisements for electronic cigarettes and other Electronic Nicotine Delivery Systems (including e-hookah, vape pens, advanced refillable personal vaporizers, and electronic pipes), regular size or large cigars, pipe tobacco, and certain other tobacco products. Specifically, advertisements for these products cannot contain representations that the product presents a lower risk of tobacco-related disease or is less harmful than other commercially marketed tobacco products.
The government shutdown could delay a Food and Drug Administration ruling that is expected to curb TV advertisements of e-cigarettes. The FDA had announced its plan to issue a decision in October on whether and how to regulate the booming e-cig industry. But the shutdown, now in its seventh day, has furloughed 45% of the agency’s employees, including some working on tobacco issues.