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:
Two issues were investigated, both of which were Upheld.
Ad description
A website for the CBD product retailer CBD Life UK, www.cbdlifeuk.com, seen on 25 April 2024, included two webpages that discussed the suitability of CBD food products for children.
The “CBD Gummies” webpage, accessible via the “Shop” drop-down menu featured nine product listings for CBD Gummies, including flavours such as Cola Bottles, Neon Rings and Apple Rings. Under the subheading “Can Children Take CBD Gummies?” text stated “Under current UK law, there is no age restriction on the consumption of CBD. Therefore, yes. Children can take the CBD gummies”. Under the subheading “How Many Gummies Should I Eat?” text included “Per FSA guidance we do not recommend consuming more than 70mg of CBD a day”.
The “CBD Edibles” webpage, accessible via the “Shop” drop-down menu featured the same product listings as the “CBD Gummies” page. Under the subheading “Can I give my child CBD edibles?” text stated “Yes. Under UK law, there is no age restriction on consuming CBD”. Under the subheading “How Many edibles can I eat a Day?” further text stated “The Food Standards Agency recommends not exceeding 70mg CBD per day”.
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.
Response
1. & 2. Vape Life Ltd t/a CBD Life UK said that they understood the importance of adhering to Food Standards Agency (FSA) guidance which advised against the use of CBD by vulnerable groups, including children under the age of 18, and which recommended daily CBD consumption limits of no more than 10 mg per day for adults. They said that the information on their website regarding both claims was based on outdated guidance and was written prior to the latest update from the FSA. They apologised for the discrepancies and removed both claims from the relevant webpages. They were also conducting a comprehensive compliance check of their entire website to ensure that all information was in line with the latest regulatory standards.
Assessment
1. Upheld
The ad claimed that there was “no age restriction on the consumption of CBD” under UK law and stated that children were able to consume the CBD gummies and CBD edibles listed on the website. 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 noted that this was not a new or amended position; it had been the case since the FSA had first issued guidance about the consumption of CBD in 2020.
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: “Per FSA guidance we do not recommend consuming more than 70mg of CBD a day” and “The Food Standards Agency recommends not exceeding 70mg CBD per day”. We considered consumers would understand that these claims reflected up-to-date guidance from the FSA. However, the 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).
Action
The ad must not appear again in the form complained of. We told Vape Life Ltd t/a CBD Life UK not to make claims that CBD was suitable 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.
