Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Oral CBD products, including drops, gummies, capsules and even CBD containing foods and drinks, are likely to be classed as foods unless they are marketed for medicinal purposes.
The classification of the product and whether it can legally be sold will depend on a number of factors, which is explained further in this CAP Advice on CBD containing products: Overview, this Food Standard Agency (FSA) guidance on regulated products applications, and, this statement from the Medicines and Healthcare products Regulatory Agency (MHRA). Marketers who are unsure about the classification or status of their product should obtain legal advice.
Ensure health claims comply with the rules
Do not make prohibited treatment claims
Avoid making inappropriate CBD dosage claims
Ensure health claims comply with the rules
From 1 January 2021, only health and nutrition claims authorised on the Great Britain nutrition and health claims register (the GB NHC Register) or, the applicable register, are permitted for foods - including food supplements and drinks. The rules set out in the Regulations are reflected in Section 15 of the CAP Code. This CAP Advice explains more about the rules relating to specific health claims for foods.
Additionally, general health claims are only permitted in ads for foods if they are accompanied by a relevant authorised claim from the applicable register. See this CAP Advice for more information on general health claims.
A CBD product website included the claim that CBD was a safe and natural way “to help balance the wellbeing of your child”, which the ASA considered to be a general health claim. Because the general health claim was not accompanied by a relevant authorised health claim from the GB NHC Register, the ASA ruled that the claim in the ad breached the Code (Excite for Life Ltd, 18 September 2024).
A social media post from the personal account of the director and owner of a CBD company included general statements that ‘everyone’ would benefit from their CBD product and would “feel a big difference”. The ASA ruled these to be general health claims and that they were in breach of the Code because they were not accompanied by relevant authorised health claims from the GN NHC Register (Supreme CBD Ltd, 13 November 2024).
The ASA has noted that, at the time of these 2024 rulings, there were no authorised claims for CBD on the GB NHC Register. All marketers are therefore reminded that they should review the applicable registers for (relevant) authorised health claims for CBD before making health claims or general health claims in ads that attribute the stated benefit to CBD. Marketers are also reminded that health claims in ads must be attributed to the ingredient on the register to which it is registered, and that such claims should not be made about the product more generally.
Do not make prohibited treatment claims
There are also prohibited claims for food products, including oral CBD products. For example, claims to prevent, treat or cure ‘human disease’ [health conditions and symptoms] are not permitted (CAP Code rule 15.6.2). Marketers are reminded that claims to “help with [heath condition]”, “support people with [health condition]” or “reduce the symptoms of [health condition]” are likely to be considered claims to “treat” and would therefore be problematic in ads for foods. See this CAP Advice for more detail).
In 2021, A shopping channel ad for CBD oils stated that studies had shown that CBD helped with varied health conditions including acne, anorexia, depression, kidney disease, mad cow disease, osteoporosis, MS and Parkinsons. The ad also included testimonials about the benefits of CBD oils from individuals’ experiences, including for anxiety, stress, fibromyalgia and nausea caused by chemotherapy. The ASA considered that the claims constituted prohibited claims that the food prevented, treated or cured human disease and ruled that the ad breached the Code (Gemporia Ltd, 13 October 2021).
The ASA investigated social media posts from the personal account of the owner and director of a CBD company and posts from the personal accounts of some of its brand ambassadors. The ads included direct and implied claims that the CBD products could help with anxiety and insomnia, which the ASA considered to be prohibited claims to prevent, treat or cure human disease (Supreme CBD Ltd, 14 February 2024).
A social media ad that included claims that a CBD containing supplement could help with the symptoms of the menopause was considered to make prohibited claims to prevent, treat or cure human disease (Femgroup Ltd, 11 September 2024).
Avoid making inappropriate CBD dosage claims
A claim on a CBD product website that “CBD is safe for children” was found to be misleading because Food Standards Agency (FSA) guidance stated that they did not recommend CBD for vulnerable groups, including children under 18.
The same website also included a statement that the maximum recommended dose for adults was 70mg. The ASA ruled the claim misleading because it did not reflect recently updated FSA guidance which stated that healthy adults should limit their CBD intake to 10mg per day (Excite for Life Ltd, 18 September 2024).
Similar claims were ruled misleading by the ASA in relation to claims about CBD gummies and edibles on a website for a CBD product retailer (Vape Life Ltd, 18 September 2024).