UPDATE: FTC Deceptive CBD Advertising Consent Orders Approved

Recently, we wrote concerning six cannabidiol ("CBD") companies (the "Sellers") that had settled enforcement actions with the Federal Trade Commission ("FTC"). On March 5, 2021, following public comment, the FTC approved final administrative consent orders against the Sellers for engaging in deceptive CBD marketing practices. Although CBD was removed from the Controlled Substances Act ("CSA") with the passage of the Agriculture Improvement Act of 2018 (the "Farm Bill"), to date, confusion remains as to what constitutes acceptable CBD advertising. To avoid running afoul of the law, businesses must consider various state and federal regulations (including regulations enforced by the FTC and Food and Drug Administration ("FDA")) when advertising CBD products for sale to the public.