Background
Following intelligence gathering by the ASA, this ruling forms part of a wider piece of work on ads making claims that CBD (cannabidiol) is suitable for consumption by children. See also related ruling published on 18 September 2024.
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A website for the CBD product retailer Excite For Life, www.exciteforlife.co.uk, seen on 25 April 2024, included a webpage, accessible via the “Shop” drop-down menu, titled “CBD For Children”. It featured six product listings for CBD products, including “Broad Spectrum CBD Gummies – Zero THC”, “CBD Vegan Gummies – Zero THC” and “Full Spectrum Water Soluble CBD Drops”. The listings hyperlinked to product pages with further details.
Underneath the product listings and the heading “Buy CBD For Children”, a video appeared with the on-screen text “CBD SAFE FOR CHILDREN?” in which a woman described CBD as safe for children alongside suggestions on consumption amounts. She also stated, “As an adult I always say to people to start on 10 mg a day. In the UK they say not to exceed 70 mg a day. Not that there is [sic] any side effects, you can’t overdose on CBD. They just say 70 mg, I’m not sure why, but that’s just what they say.” Below the video, text stated “Are you looking for a safe and natural way to help balance the wellbeing of your child? CBD has been used successfully by many parents, and we are here to help […] With no side effects and no possibility of overdosing on CBD, you can rest assured knowing that this is a secure holistic supplement for your child”.
The product webpage for “Broad Spectrum CBD Gummies – Zero THC” included the subheading “How to Use” under which text stated “For children we would suggest starting on around 10mg a day so these gummies can be cut in half. After several days, if necessary, you can increase by double”.
The product webpage for “CBD Vegan Gummies – Zero THC” also included a “How to Use” subheading, under which text stated “For children we would suggest starting on 10mg a day and increasing gradually if necessary. You can go up to 40mg a day for a child.”
The product webpage for “Full Spectrum Water Soluble CBD Drops 400mg from CBDLife” included the text “Great for children as you can add these to their drink”.
Issue
The ASA challenged whether the following claims were misleading and could be substantiated, that:
1. CBD was suitable for consumption by children; and
2. in the UK the recommended maximum consumption of CBD per day for adults was 70 mg.
3. The ASA also challenged whether the health claim that CBD “helps balance the wellbeing of your child” complied with the Code.
Response
1. Excite For Life Ltd stated that they were unaware of the Food Standards Agency (FSA) guidance advising against CBD use by vulnerable groups, including children under 18, despite their six years in the CBD industry. They had removed the product category and references to children from the relevant webpages.
2. Excite for Life said that when they started selling CBD, the recommended limit for adult consumption of CBD was 200 mg per day. In 2020, it was reduced to 70 mg, so their advertising claims were based on those limits. They were unaware of the new advice recommending a daily limit of 10 mg, but noted the FSA guidance referred to it as “precautionary advice” and stated that there was no acute safety risk with consuming more than that, based on the data they had assessed up to that point.
3. They said they had been told they could reference “wellbeing”, but had now removed the claim from the website.
Assessment
1. Upheld
The ad appeared on a webpage titled “CBD for Children”. It claimed that CBD was safe for children, describing it as a “secure holistic supplement.” The ad further claimed that CBD had “no side effects” and that there was no risk of overdosing when used by children. It was also described as safe for children in a video featured on the webpage. The ASA therefore considered that consumers would understand from the ad that it was suitable for children to consume CBD products, with no safety concerns or risks. Additionally, they would expect that this was aligned with official guidance from relevant regulatory bodies such as the FSA. However, the FSA’s guidance stated that they did not recommend CBD for people in vulnerable groups, including children under the age of 18. We concluded that the claims were therefore misleading.
On that point, the ad breached CAP Code (Edition 12) rules 3.1 (Misleading Advertising) and 3.7 (Substantiation).
2. Upheld
Regarding the recommended maximum consumption of CBD per day for adults, the ad stated “In the UK, they say not to exceed 70 mg a day. Not that there is [sic] any side effects, you can’t overdose on CBD. They just say 70 mg, I’m not sure why, but that’s just what they say”. We considered consumers would understand that these claims reflected up-to-date guidance from the relevant regulatory body. However, the FSA’s advice had been updated, to recommend that healthy adults limit their intake of CBD from food to 10 mg per day, in October 2023, seven months before the ad was seen by the ASA.
We concluded that the claims were therefore misleading.
On that point, the ad breached CAP Code (Edition 12) rules 3.1 (Misleading Advertising) and 3.7 (Substantiation).
3. Upheld
The CAP Code defined claims which referenced the general benefits of a nutrient or food for overall good health or health-related wellbeing as general health claims. Such claims were acceptable in ads only if accompanied by a specific health claim that was authorised on the Great Britain nutrition and health claims Register.
We considered consumers would understand the claim that CBD was a “safe and natural way to help balance the wellbeing of your child” as a reference to the general benefits of CBD, including Excite For Life’s products, for the overall physical and mental health of children. The claim was therefore a general health claim that needed to be accompanied by a specific authorised health claim relating to CBD. However, the ad did not - and could not - include such a claim, because there were no authorised health claims for CBD. That claim also therefore breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 15.2 (Food, food supplements and associated health or nutrition claims).
Action
The ad must not appear again in the form complained of. We told Excite For Life Ltd not to make claims that CBD was suitable or safe for consumption by children, or that the recommended maximum consumption of CBD per day for adults was 70 mg. We told them to ensure that their claims relating to the suitability of CBD consumption for different groups, and about recommended daily CBD consumption limits, was always in line with FSA guidance. We also told them not to make general health claims unless they were accompanied by a specific authorised health claim.
