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HempScale

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.
This page describes how our compliance engine treats posts for this market. It is written by the people who build the engine, not by lawyers, and it is not legal advice. Where the stakes are high, have your wording checked locally.

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.
The US disclaimer is prescribed wording, and it names the very outcomes a caption may not promise. That is fine in a US post, where it is the required text. It is not automatically fine to paste the same block into a post aimed at another market, where the same sentence is read against a different rulebook.

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:

Rules in our engine that apply to this market (US)
LayerRules that applyOf which cannot be rewritten
Health and wellbeing claims5734
Direct selling: prices, discounts, codes, orders in messages376
Hashtags: deny list, count, rotation255
Required notices for the market: age, disclaimers, AI disclosure3925

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

  1. No condition named anywhere: caption, hashtags, image text, comment replies.
  2. Both halves of the FDA disclaimer present, and not lost when the caption is shortened.
  3. Age marker present and correct for the state you are aimed at.
  4. Any paid, gifted or affiliate relationship disclosed at the start of the caption.
  5. No prices, codes or checkout language in the post.
  6. 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.

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