Social media can be effectively used to educate, build community and build brand recognition for cannabis businesses. However, the rules regarding postings on Facebook and Instagram can be difficult to navigate, especially given Meta’s latest rules regarding cannabis, hemp and CBD related content. Failure to abide by Meta’s rules can result in account termination, hidden pages or throttling if content “speaks positively about, encourages the use of, or provides instructions to use or make) marijuana and products containing THC or related psychoactive components.” They have also restricted content related to “ingestible cannabidiol (CBD) or similar cannabinoid products” such as edibles and cannabis/CBD containing beverages.
I came across a great article summarizing Facebook and Instagram’s rules regarding cannabis, CBD and hemp related content. Meta’s Cannabis Ad Policies: Facebook vs. Instagram – ProGrowth provides the do’s and don’ts for each platform, describing the differences in the policies for each platform. The article does a great job providing guidance but warns that policies are updated often and it is important to keep up with the changes.
Key points in the article include the avoidance of images of cannabis and cannabis products, use of terms or images related to drugs and drug paraphernalia, and health claims related to these products.
There are some strategies that can be used:
- Use of code words and alternative spellings (inserting characters such as asterisks or emojis instead of spelling out words) to prevent autobots from detecting certain policed terms
- Moving away from social media platforms and instead investing in development of proprietary assets such as their own website and email list
- Focus on non-Meta owned social media platforms
Meta and its affiliates also offer some methods to ensure that your content is not flagged for account termination or other enforcement activity:
- Become “Meta Verified” (also known as “blue-check verified”)
- Become LegitScript certified to advertise non-ingestible legal CBD products
- Include required disclaimers for social or political posts commenting on cannabis issues
- Get written permission from Meta for your content
In this highly regulated industry, the landscape is continually evolving due to regulatory changes, lawsuits and political climate. Missteps can have expensive and sometimes irreversible consequences on the business and its principals. The entire business investment could be lost or the principal could become ineligible for further licenses in New York (and potentially other states as well). It is important to have an experienced team of consultants to guide you through the transaction.
If you’d like legal guidance in advertising your cannabis, hemp or CBD business, please contact our office. We would be honored to help.
Tracy Jong is a Senior attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at [email protected].
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.