How to Legally Market Your Brand Online with These Tips

Wouldn’t it be nice if marketing your CBD gummies—or even understanding their legality—was simple? In the future, things will surely get sorted out and clarified. Meanwhile, you have to be agile in your marketing campaigns, pay attention to changing rules and regulations, remain sensitive to each platform’s variations, and be prepared to change things up or even get shut down without notice.

While CBD is one of the fastest-growing markets today, it takes nerves of steel to ride the waves and hang tight until everything stabilizes. If you are new to this market and frustrated because you are unsure how to advertise your CBD gummies within the limits of the law, take a few of your sweet relaxing gems, then a few deep breaths. Here are some tips to help keep you out of trouble:

What the FDA Says

The FDA took CBD off the controlled substance list in 2018, but they assert that CBD is still not approved for use as a supplement, curative, or additive to food or beverages. It is not intended for human or animal consumption, and whether you sell CBD gummies for anxiety or anything else, you are not allowed to make direct, unsubstantiated statements about their physical or emotional benefits.

Wiggle Room

The FDA recently issued a statement indicating that their immediate focus would be on pursuing brands that make unsubstantiated medical claims. What exactly does this mean for you? It means you cannot use your brand website or your product pages to directly tell visitors that your CBD cures anything, treats anything, or heals anything. But that one word, unsubstantiated, gives you a little wiggle room. 

You CAN cite bodies of research and what their results are. A good place to find full research articles about the benefits of CBD, is through the National Center for Biotechnology Information. There, you can find articles describing peer-reviewed studies using CBD. You can quote these kinds of articles on your website as long as you do not make any direct claims.

Pay Attention to Changing Laws

Laws surrounding CBD are changing rapidly, and there are definite benefits to staying on top of everything as it unfolds. In addition to staying out of trouble, paying close attention keeps you prepared to jump into action and take advantage of any loosening regulations before everyone else. You will also be able to see potential tightening regulations in advance so that you can make adjustments to avoid revenue loss.

Get an Attorney

An attorney experienced in cannabis and hemp law should be able to help you navigate the complicated legal waters of your CBD gummy business. With enough research, you can probably do it on your own, but even the facts in this article may be outdated by the time of its publication. It is not enough to know the current laws. You need to keep abreast as they change. Your job is to grow your business. An attorney’s job is to know the laws surrounding your business. So hiring one may be a more efficient use of your time.

Online Advertising Regulations for CBD

This is where things get incredibly confusing. Websites all over Google offer advice on how to beat the system and get your paid ads published. The plain and simple rule for Google, however, is that CBD is not an approved substance for advertising. 

Facebook is a little more lenient, in that they now allow paid ads for topical CBD products, as long as they are not accompanied by a therapeutic claim. Instagram is also more lenient, and enforcement seems to be spotty. If you decide you are going to violate the rules and try to fly under the radar, you may be successful, but be prepared for sudden penalties.

How to Get Around Google’s Ban

Make sure the text of your ad does not mention CBD or hemp, and only hints at the products you offer. You can use hemp and CBD as your keywords, just do not mention them in the ad. A click on the ad should direct visitors to a landing page where they can find information about your product, but does not directly sell the product. You can include a link on your landing page to your sales page.

How to Use Facebook’s Rules to Your Advantage

You cannot advertise CBD edibles or oils, but you can advertise topicals. You can also use photos of oils without directly mentioning CBD. Some companies are merely using the word “botanicals” to describe their products. You can use links that take users to an informational page, and then include a link to product pages from there.

How to Use Instagram Legally

Instagram is a great place to promote your CBD gummies as long as you stick to the rules. The best thing about using Instagram, is that you can build a community of loyal followers that will talk about your brand and get engaged. Use the same techniques as you would for Facebook paid ads, but you can also use Instagram’s marketing tools to the fullest. Have fun with this platform and keep giving followers good content in order to build brand reputation and awareness.

Using Influencers to Boost Brand Awareness

When you are trying to figure out how to legally break into the online market for your CBD gummies, don’t dismiss the value of influencers. They can reach a large audience with just one post, and are not subject to the same rules and regulations as businesses are.

Final Thoughts

Though CBD gummies for anxiety, sleep, pain, and inflammation are wildly popular, breaking into the online market can be confusing. Sometimes your best bet is to hire an attorney or marketing team to keep up on evolving regulations. It is possible, however, to market your products yourself, but you will have to get creative and stay informed as you go. Good luck!

Ryan Kh