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ARTICLE · 10 SEPTEMBER 2018

Cannabis packaging and labelling requirements: The challenge of building a strong brand

Canada's new Cannabis Act (the "Act") will provide legal access to cannabis to adults across Canada.

CanadaIntellectual Property

Canada's Cannabis Act prohibits the selling of cannabis or cannabis accessories in a package or label:

(a) that could be appealing to young persons;

(b) that sets out a testimonial or endorsement;

(c) that depicts a person, character or animal;

(d) that associates cannabis or one of its brand elements to a way of life especially one that includes "glamour, recreation, excitement, vitality, risk or daring"; or

(e) that contains false, misleading or deceptive information.

Additionally, the Act allows the Governor in Council to make several regulations to enable its enforcement, including regulations "specifying terms, expressions, logos, symbols or illustrations" to be forbidden on cannabis or cannabis accessory packaging and labelling.

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