United States: CBD rules on social media
The US is the market where the wording rules are most explicit and the required notices are the longest. Two federal bodies matter for a post: the FDA decides what a hemp product may be presented as, and the FTC decides whether the marketing is misleading and whether commercial relationships are disclosed. Individual states add rules on top.
Updated 4 minute read
Who is looking
- The FDA. Hemp derived CBD is not approved as a dietary supplement or as a food ingredient at federal level, and the agency has sent warning letters to companies presenting it as treatment. Its interest is in what the product is claimed to be.
- The FTC. Its interest is in whether marketing is misleading and whether a paid, gifted or affiliate relationship is disclosed clearly. Endorsement rules apply to creator posts and to reposted reviews.
- The states. Rules on sale, age and labelling vary, and several states restrict specific product forms outright.
- Meta. Platform policy applies on top of all of it and is the one that acts fastest.
What every post needs in writing
These are the notices our engine requires on a post aimed at the US market. They are given in the exact form the engine accepts, because the useful answer to what do I write is the sentence, not a description of the sentence.
21+ only
- When
- always
- Why it is there
- An age marker is expected on a restricted product, and the threshold follows the market you sell into. Use 18+ where that is the legal age.
These statements have not been evaluated by the Food and Drug Administration.
- When
- always
- Why it is there
- The first half of the FDA disclaimer. Without it a post about a hemp product reads as supplement advertising with no warning.
This product is not intended to diagnose, treat, cure or prevent any disease.
- When
- always
- Why it is there
- The second half, and the part that removes the medicinal presentation. Both halves are needed; one alone does not satisfy the requirement.
#ad
- When
- when the post involves payment, gifting or an affiliate arrangement
- Why it is there
- The FTC expects a material connection to be disclosed where people will actually see it: at the start of the caption, not after the hashtags.
What fails
The claim rules are the same family as everywhere, with a US specific set on top. Our engine currently carries this many rules that apply to a US post:
| Layer | Rules that apply | Of which cannot be rewritten |
|---|---|---|
| Health and wellbeing claims | 57 | 34 |
| Direct selling: prices, discounts, codes, orders in messages | 37 | 6 |
| Hashtags: deny list, count, rotation | 25 | 5 |
| Required notices for the market: age, disclaimers, AI disclosure | 39 | 25 |
Do not write this
Our tincture is a natural alternative to prescription meds for anxiety
Write this instead
Our tincture is a full spectrum extract in MCT oil. Here is what the batch certificate shows and how to read it.
Why. Comparing a hemp product with prescription medication presents it as treatment, and the named condition makes that explicit. This is the phrasing that has drawn the most warning letters.
Do not write this
Use my code CALM15 for 15% off, results speak for themselves
Write this instead
This is a paid partnership. #ad. The oil in the photo is our 10 percent full spectrum, and the batch report is linked in our profile.
Why. Three separate problems: an undisclosed affiliate relationship, a discount in an organic post, and an implied outcome. Each has its own rule.
The working checklist
- No condition named anywhere: caption, hashtags, image text, comment replies.
- Both halves of the FDA disclaimer present, and not lost when the caption is shortened.
- Age marker present and correct for the state you are aimed at.
- Any paid, gifted or affiliate relationship disclosed at the start of the caption.
- No prices, codes or checkout language in the post.
- Hashtags checked against the deny list and rotated.
The rest of the wording rules are in the health claims guide, and the other markets are the European Union and the United Kingdom.
Questions
- Does the FDA disclaimer make a claim acceptable?
- No. The disclaimer satisfies a requirement to state something. It does not cancel a claim made elsewhere in the same post, and posts carrying both are treated as carrying the claim.
- Where should the disclosure go on a sponsored post?
- At the beginning of the caption, visible without expanding the text. A disclosure after the more link or inside a hashtag block is treated as no disclosure.
- Are the rules the same in every state?
- No. Product forms, age thresholds and labelling requirements vary, and some states restrict forms that are sold freely elsewhere. Treat the federal rules as the floor.
Keep reading
- CBD social media compliance: the rules that decide if a post is safe
Four rulebooks apply to every hemp post: platform policy, advertising law, food law and the local market. Here is how they interact and how a check runs.
- European Union: CBD rules on social media
What a hemp brand may post in the EU: novel food status, the health claims regulation, the notices every post needs and the AI disclosure requirement.
- United Kingdom: CBD rules on social media
What a hemp brand may post in the UK: FSA novel food status, the 10 mg daily advice, ASA rules on promotions, and the notices every post needs.
- Health claims on social media: describing a product without promising an outcome
What counts as a health claim in a CBD caption, why softeners like helps and supports do not help, and how to write about a product without naming an outcome.