Google opens up (a little) to CBD advertising in the U.S.

Google to allow advertising for hemp and hemp products CBD cosmetics in California, Colorado and Puerto Rico, as part of an update to its rules on «hazardous 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 vaping products.»

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

The changes, announced at the end of 2022, will come into effect on January 20. Advertisers will be able to request certification from Google from that date, when an application form will be published.

Samples and certificates of authenticity required

Google has signed a contract with LegitScript, a Portland, Oregon-based payment compliance company that provides certification in high-risk sectors. Only products certified by LegitScript will be eligible for promotion on Google platforms.

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

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

• Demonstrate product compliance with all legal and regulatory standards
• If a license is required for the manufacture of the product, supply it to
• The applicant must provide a certificate of analysis demonstrating that the CBD used in the final product complies with federal laws concerning the cultivation and processing of hemp.
• Provide non-expired random samples of products submitted for certification for testing. These products must contain the advertised quantity of hemp-derived compounds, and must comply with legal requirements relating to cannabinoid substances and ingredient levels.
• Demonstrate that the products submitted for certification have been produced in compliance with all USDA requirements and state requirements for hemp cultivation, or are otherwise exempt from these requirements
• Demonstrate that the product applicant or manufacturer, including associated personnel, companies or websites, shall not have been the subject of recent and/or repeated significant instances of legal impropriety, disciplinary action or other regulatory action.
• Subject applicant's company officers, directors, or those who exercise control over important business decisions to criminal background checks conducted at LegitScript's request, and these same individuals must disclose any prior criminal, regulatory, or civil violations. Applicant must also disclose any litigation initiated, resolved, or otherwise handled that involves Applicant at any time during the past 10 years. Prior violations or other bad acts, including any prior regulatory discipline may be a disqualifying factor, at LegitScript's sole discretion.
• Adhere to Google's terms of service for advertising