KJ ProWeb™ a Shopify approved partner (ID #917172) and e-commerce web development agency with unmatched expertise in the hemp-derived CBD, cannabis, kratom, and nutraceutical space. Helping merchants become profitable online in these industry sectors is what we do 24/7 year in-and-year out.

Prior to launching an  ecommerce store where federally regulated products are sold and shipped via interstate commerce, it’s important to understand some basic rules of the game.

1. The Federal Trade Commission (FTC) guidelines strictly prohibit the use of certain words and phrases in online and print marketing materials that could be interpreted as unsubstantiated medical claims. *Reference sources shown below:

• • FTC Publication: December 17, 2020.
    

    “Companies made unsupported claims that their oils, balms, gummies, coffee, and other goods could treat serious diseases such as cancer and diabetes.” 

  • Press Release: FTC and FDA Warn Florida Company Marketing CBD Products about Claims Related to Treating Autism, ADHD, Parkinson’s, Alzheimer’s, and Other Medical Conditions, Oct. 22, 2019, available at:
    https://www.ftc.gov/news-events/press-releases/2019/10/ftc-fda-warn-florida-company-marketing-cbdproductsabout-claims;
•  
  • Press Release: FTC Sends Warning Letters to Companies Advertising Their CBD-Infused
    Products as Treatments for Serious Diseases, Including Cancer, Alzheimer’s, and Multiple Sclerosis, Sept. 10, 2019, available at:  https://www.ftc.gov/news-events/press-releases/2019/09/ftc-sends-warning-letters-companiesadvertising-their-cbdinfused

2. U.S. States Where CBD Is Still Illegal (*Late 2020): 

• • • Idaho

    • Iowa

    • Nebraska

    • North Dakota.

3. States Where CBD Edibles (gummies, candies, chewable foods) Are Banned (*Late 2020).

• • Maine

  • New York

  • North Carolina

  • Ohio

4. Your shopping cart drop down selection menu must restrict sales of any hemp/CBD products to those states.

Other Restrictions and Prohibitions (Late 2020).

• Indiana Prohibited: Smokable CBD flower.
• Kentucky Prohibited: Hemp cigarettes; hemp cigars; chew, dip, smokeless material consisting of hemp leaf material or hemp floral material; and hemp leaf material or floral material teas.
• New Hampshire: Guideline issued by the New Hampshire Liquor Commission in 2018 and revised in June 2019 states that Hemp-CBD may not be added to foods or alcohol products in New Hampshire.
• Texas: The sale and marketing of Hemp CBD foods and cosmetics is allowed so long as these products meet specific testing and labeling requirements. However, the definition of “consumable hemp product” does not include smokable products. HB 1325 expressly prohibits the processing and manufacture of products “containing hemp for
  smoking.” “Smoking” is defined as “burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.”
• Vermont: CBD cannot be combined with meat or dairy; maple syrup has its own rules.

Website Compliance Checklist

• Cannot sell or ship to states where CBD is banned/illegal
• Cannot sell or ship CBD-infused foods or beverages, including gummies, to states that have banned CBD edibles
• Cannot label or market a product as a dietary supplement
• Cannot use the following terms in describing a product: “prevent”, “diagnose”, “mitigate”, “treat”, or “cure”
• Testimonials may not use the terms above
• Customer Service Contact must be clearly displayed
• Refund Policy must be clearly displayed
• Customer must opt-in for recurring / subscription orders; opt-out is not ok
• Privacy Policy must be clearly displayed