Certain restrictions apply to the marketing and sale of Canopy Animal Health’s products including broad-spectrum hemp extract and/or cannabidiol (CBD). It’s important that our partner Distributors, Retailers, and Resellers (collectively, Canopy Partners) all follow these restrictions to remain in compliance with their
Distribution/Purchase Agreements. The following information does not, and is not intended to, constitute legal advice; each potential Canopy Partner is obligated to conduct its own due diligence and consult their own legal counsel, as federal and state hemp laws and regulations are constantly changing.
This information is proprietary and confidential, is subject to update, and may not be transmitted to a third party that has not signed a non-disclosure agreement with Canopy.
For any questions, e-mail Legal@canopygrowth.com with the subject line “CBD Brand Guidelines (Animal Products).”
1. U.S. States Authorized for Sale of Canopy CBD Products
1.1 Canopy Animal Products are “Broad-Spectrum Hemp Dosage-Form Animal Health Products”
Canopy hemp products for animals (Canopy Animal Products) are tailored to support the health and body function of animals, other than through nutritional value. They contain broad-spectrum hemp extract, including CBD, but do not contain CBD isolate or synthetics. They contain less than 0.3% tetrahydrocannabinol (THC) by weight and thus are legal hemp products under the U.S. Agricultural Improvement Act of 2018 (2018 Farm Bill).
1.2 Where can we Sell Canopy Animal Products?
Currently, Canopy Animal Products may be sold in any state other than Idaho, Mississippi, and the District of Columbia.
Permissible States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
1.3 Canopy Animal Products May not be Distributed Outside the United States Without Permission
Canopy Animal Products may not be re-sold or distributed outside the United States by a Canopy Partner except with explicit written consent by an officer of Canopy Growth USA, LLC.
1.4 Special Requirements in Select States
1.4.1 Retailer Registrations
Certain states require retailers of human or animal hemp products to register or obtain a retailer license. A Canopy Partner shall register as a hemp product retailer in every such state, before selling any Canopy Animal Products containing hemp extract in those states. Currently, only Alaska, Louisiana, Texas, Utah, and West Virginia require retailer registration.
1.4.2 Product Registrations
Certain states require each CBD product line to be approved for in-state retail sales. Before selling Canopy Animal Products in any such state, a Canopy Partner shall check to ensure the specific Product is approved. Currently, only four states require CBD product registration: Alaska, Louisiana, Utah, and West Virginia.
If the Canopy Animal Product to be sold is not listed as approved, the Canopy Partner should notify Canopy before selling that specific product in that state. Canopy will obtain the relevant product registration.
2. Marketing Canopy Animal Products
2.1 No Claims that Canopy Animal Products are Pet Food, Animal Feed, or “Supplements”
Canopy Animal Products are “Dosage-Form Animal Health Products,” and should be labeled or marketed as animal health products, not as animal feed or supplements.
Hemp derivatives are not generally approved as an additive to animal feed or pet food. For human products, the U.S. Dietary Supplement and Health Education Act (DSHEA) of 1994 creates the category of dietary supplements, which are exempted from regulation as food additives or drugs. However, DSHEA does not apply to animal products. Thus, there is no "dietary supplement" regulatory classification for animal food substances and products.
2.2 No Unfair or Deceptive Advertising
Advertising for Canopy Animal Products should not contain a material misrepresentation or omission that is likely to mislead consumers. Canopy Partners particularly shall not misrepresent the amount of CBD in the product.
2.3 No Claims That Canopy Animal Products Treat Disease
Canopy Partners shall not market or advertise Canopy Animal Products with any overt and implied claim that the products are intended to cure, mitigate, treat or prevent a disease.
This includes any claim that the Products:
- have an effect on a specific animal disease or class of diseases (e.g. “CBD eliminates chronic anxiety in dogs”),
- has an effect on an abnormal condition of the animal body (e.g. “Reduces inflammation associated with osteoarthritis”), or
can be used in place of a prescribed animal drug (e.g. “a safe alternative to steroids, sedatives, and other harmful drugs”).
2.4 No Unapproved Claims That Canopy Animal Products Affect Pets’ Bodily Structure or Function
Canopy Animal Products cannot be marketed using any disallowed statement(s) from the NASC list (e.g., “Prevents bone problems when your animal gets older,” or “Reduces your dog’s anxiety and panic attacks”). For any new structure or function claims to be used in marketing, please email Legal@canopygrowth.com with the subject line “CBD Brand Guidelines (Animal Products).”
2.5 No Repackaging or Altering of Canopy Labels
Canopy Partners shall not remove or alter the packaging of any Canopy Animal Products, or repackage such Products in other packages or quantities.
2.6 Qualified Discussion of CBD Studies or User Results
Any CBD clinical studies and user results cited in conjunction with the sale of Canopy Animal Products must be properly substantiated and qualified and cannot be presented as an implicit claim of the product to cure, mitigate, or prevent disease.
Any testimonials used in marketing or advertising, whether online, in print, or on TV, must comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Testimonials or user comments should be screened for implicit disease claims.
2.8 Social Media and Influencers
Any use of Social Media and Influencers must comply with the FTC’s Disclosures 101 for Social Media Influencers guide, and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.
3. Allowed Resellers of CBD Products
3.1 Cannot Sell Canopy Animal Products in Dispensaries or with Other Illegal Substances
Canopy Partners may not distribute Canopy Animal Products for resale in marijuana dispensaries or in any other facility that sells substances listed in the federal Controlled Substances Act, except with explicit written consent by an officer of Canopy Growth USA.
3.2 Distribution to Resellers Requires Consent of Canopy Growth USA
Canopy Animal Products may only be distributed to resellers by a Canopy Partner with the written consent of Canopy Growth USA. Such resale shall be subject to Canopy’s Unilateral Minimum Advertised Price Policy (eff. March 1, 2020).