Google opens (a little) to advertising for CBD in the United States

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Google will allow advertising for hemp products and CBD cosmetics in California, Colorado and Puerto Rico, as part of an update to its rules on “dangerous products and services and health care and drugs”.

Advertising of CBD for internal human consumption still remains prohibited, the company said, including those for “supplements, food additives and vape products.” »

Google also indicated that pharmaceutical products approved by the Food and Drug Administration (FDA) may now be advertised in these states. Only Epidiolex, a pharmaceutical CBD oil with a high cannabidiol content, is so far approved by the FDA.

The changes, announced at the end of 2022, will come into effect on January 20. Advertisers will be able to apply for certification with Google from this date, when an application form is released.

Samples and certificates of authenticity required

Google said it has contracted with LegitScript, a Portland, Oregon-based payments compliance firm that provides certifications in high-risk industries. Only products certified by LegitScript will be eligible for promotion on Google platforms.

Those wishing to be certified to advertise on Google will need to provide LegistScript with samples of their products and certificates of analysis.

LegitScript has already published its certification standards for cannabidiol advertising. Advertisers will, among many other things:

  • Demonstrate product compliance with all legal and regulatory standards
  • If a license is required for the manufacture of the product, provide it
  • The applicant must provide a certificate of analysis demonstrating that the CBD used in the final product complies with federal laws regarding the cultivation and processing of hemp
  • Provide unexpired random samples of products submitted for certification for testing. These products must contain the advertised amount of hemp-derived compounds and must comply with legal requirements related to cannabinoid substances and ingredient levels.
  • Demonstrate that the products subject to certification have been produced in compliance with all USDA and state requirements for growing hemp, or are otherwise exempt from such requirements
  • Demonstrate that the applicant or product manufacturer, including associated personnel, businesses, or websites, must not have been subject to recent and/or repeated significant instances of poor legal compliance, disciplinary action, or other regulatory measures
  • Subject the applicant’s company officers, directors, or those with control over significant business decisions to criminal background checks conducted at the request of LegitScript, and those same individuals must disclose any criminal, regulatory, or civil violations anterior. Applicant must also disclose any litigation commenced, resolved, or otherwise resolved that involves Applicant at any time during the past 10 years. Prior violations or other misdeeds, including any prior regulatory discipline may be grounds for disqualification, at LegitScript’s sole discretion.
  • Adhere to Google’s Advertising Terms of Service

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