Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Juul False Advertising Lawsuits Offer Lessons for Cannabis Companies

Author: Scarinci Hollenbeck, LLC

Date: November 15, 2019

Key Contacts

Back

What Can Cannabis Companies Learn from Recent JUUL False Advertising Lawsuits?

E-cigarette maker Juul Labs is facing class-action lawsuits across the country, including in New Jersey. Among other claims, the suits allege that the company targeted young people with false advertising that made its Electronic Nicotine Delivery System (EDNS) seem like a healthy alternative to cigarettes.

Juul False Advertising Lawsuits Offer Lessons for Cannabis Companies

Juul isn’t the only company facing legal scrutiny. The entire vaping industry is under fire for targeting young people and withholding critical health and safety data. According to the FDA, e-cigarette use by high school students increased 78 percent in 2018. It has also resulted in six vaping-related deaths and hundreds of illnesses. The FDA recently sent a warning letter to Juul alleging that it unlawfully marketed its e-cigarettes.

What Can Cannabis Companies Learn from Juul?

Juul’s legal troubles can offer valuable lessons for cannabis companies, particularly with respect to advertising. Before marketing your products, it is imperative to understand the advertising restrictions for cannabis products, which are significant and vary from state to state.

Common features of cannabis advertising regulations include buffers (often 500-1,000 feet) from schools, playgrounds, and places of worship, prohibition of false claims, requirement to exclusively target adults, and prohibition of medical claims. In many cases, states regulate cannabis products like they do alcohol and cigarettes. For instance, when Colorado legalized recreational marijuana, it prohibited advertising on television programs, radio stations, websites or print publications where the audience includes more than 30 percent people under age 21. In California, state regulations provide that cannabis advertisements “shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.”

Because cannabis is still illegal under federal law, most forms of digital advertising are prohibited. For instance, Facebook, Google, and Twitter all ban paid advertising for cannabis products on their sites. It is possible, however, to post about cannabis-related products organically in social media feeds. While this can be extremely successful, it is important to tread carefully. Juul’s use of influencers and brand ambassadors is one of its marketing tactics that has come under fire for allegedly targeting young people.

New Jersey’s Cannabis Marketing Laws

New Jersey has regulations in place to govern advertising in its medical cannabis industry. For instance, alternative treatment centers (ATCs) must use black text on a white background on external signage, labeling and brochures; they may not illuminate their signs; and marijuana and related paraphernalia may not be displayed or clearly visible to a person from outside the ATC.

Proposed legislation to legalize recreation cannabis also contains strict advertising regulations. Below are just a few of the restrictions required under New Jersey’s Cannabis Regulatory and Expungement Aid Modernization Act (Senate Bill 2703):

  • Restrict advertising of cannabis items and cannabis paraphernalia in ways that target or are designed to appeal to individuals under the legal age to purchase cannabis items, including, but not limited to depictions of a person under 21 years of age consuming cannabis, or, includes objects, such as toys, characters, or cartoon characters suggesting the presence of a person under 21 years of age, or any other depiction designed in any manner to be especially appealing to a person under 21 years of age;
  • Prohibit advertising of any cannabis items or cannabis paraphernalia on television, or on radio between the hours of 6:00am and 10:00pm;
  • Prohibit engaging in advertising unless the advertiser has reliable evidence that at least 71.6 percent of the audience for the advertisement is reasonably expected to be 21 years of age or older; and
  • Prohibit engaging in advertising or marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature and warnings that the use of cannabis items is restricted to persons 21 years of age or older.

Key Takeaway

Given the restrictions under state and federal law, advertising a cannabis business can be difficult. While it often requires creativity, failing to work within the legal framework can lead to significant liability. Cannabis advertising regulations are also likely to change and evolve as the industry grows, so it is also important to stay on top of legal developments.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: Sean M. Pena

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!