l FDA s 3. (1) No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.
l FDA s 9. (1) No person shall label, package, treat, process, sell or advertise any drug in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.
l NCR s 70. No person shall (a) publish or cause to be published or furnish any advertisement respecting a narcotic unless the symbol "N" is clearly and conspicuously displayed in the upper left-hand quarter thereof or, if the advertisement consists of more than one page, on the first page thereof; (b) publish or cause to be published or furnish any advertisement to the general public respecting a narcotic; or (c) advertise in a pharmacy a preparation referred to in section 36.”
Generally speaking; no false therapeutic
claims or deceptive advertising.
The penalties for violating advertising regulations are steep. If a licensed producer is found to be in contravention of the advertising prohibitions in the FDA, they could be subject to prosecution, and if convicted would be liable to fines ranging from $250,000 to $5,000,000, or to a term of imprison-ment ranging from six months to two years, or to both (s.31.2 FDA). Similarly, if a licensed producer is found to be in contravention of s.70 of the NCR, and is convicted of that offence, the fines could range from $1,000 to $5,000 or to a term of imprisonment from six months to three years, or to both (s.46 Controlled Drugs and Substances Act).
It is no wonder LP’s are lobbying for some leniency. In July 2016, seventeen of Canada’s Licensed Cannabis Producers, together with the Canadian Medical Cannabis Council and Cannabis Canada Association, joined together to develop Guidelines for the responsible branding and promotion of cannabis. They were assisted in this endeavor by Advertising Standards Canada (Ad Standards), the national, independent, not-for-profit advertising self-regulatory body. It is widely acknowledged that the Federal government is trying to keep marijuana away from youth, who use the underground illegal market more than any other industrialized country. This is the overriding goal of the Guidelines, while also facilitating effective competition between LP’s and the black market. In a recent Toronto Star article, Cam Battley, Executive VP of Aurora Cannabis, suggests that “this will be a good business on any basis, there’s no need for anybody to play any unpleasant games and promote it irresponsibly, so let’s get the responsible business guidelines in place right now,” referring to the support given by LP’s in keeping marijuana away from our country’s youth.
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