Google opens up (slightly) advertising for CBD in the US

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

Advertising for CBD for internal human consumption is still prohibited, the company said, including advertising for “dietary supplements, food additives and vape products.” »

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

The changes, announced at the end of 2022, will take 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 company that provides certifications in high-risk industries. Only products certified by LegitScript will be eligible for promotion on Google’s platforms.

Those who wish to be certified to advertise on Google must provide LegistScript with samples of their products and certificates of analysis.

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

  • Demonstrate product compliance with all legal and regulatory standards
  • If a license is required to manufacture the product, you must provide it
  • The applicant must provide a certificate of analysis showing 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 regarding cannabinoid substances and ingredients.
  • Demonstrate that the products subject to certification have been produced in compliance with all USDA and state hemp cultivation requirements, or are otherwise exempt from such requirements
  • Demonstrate that the applicant or product manufacturer, including associated personnel, companies or sites, must not have been subject to recent and/or repeated significant instances of poor regulatory compliance, disciplinary action or other regulatory action
  • Subject Applicant’s corporate officers, directors or those in control of material business decisions to criminal background checks conducted at the request of LegitScript, and those same individuals must disclose any prior criminal, regulatory or civil violations. Applicant must also disclose any litigation commenced, settled or otherwise resolved involving the applicant at any time during the past 10 years. Prior violations or other misconduct, including any prior legislative discipline, may be grounds for disqualification at LegitScript’s sole discretion.
  • Adhere to Google’s terms of service for advertising

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