The FTC’s 2025 Playbook for Hemp Marketing: Endorsements, Kids’ Appeal, and Deceptive Health Claims

Focus keyword: FTC hemp advertising enforcement 2025

As the hemp-derived cannabinoid market flourishes across the United States, 2025 marks a pivotal year for federal enforcement—especially by the Federal Trade Commission (FTC). Following the headline-grabbing Operation CBDeceit crackdown and with aggressive new action targeting CBD, delta-8 THC, and similar hemp cannabinoids, the FTC is redefining the compliance landscape for both established and emerging hemp businesses.

This blog delivers a deep dive into the most critical enforcement trends and rule updates for the year—including endorsement and influencer guidelines, mislabeling hazards, substantiation standards, and urgent risks for marketing to kids. Whether you run a dispensary, brand, or invest in this sector, understanding FTC hemp advertising enforcement for 2025 is more essential than ever.

The FTC's Evolving Role: From Operation CBDeceit to 2025 Crackdowns

After the watershed Operation CBDeceit (2020–2023) campaign, the FTC signaled it was not satisfied with one-time penalties—instead, it continues to grow its toolkit for tackling deceptive practices in the hemp space. Recent years have seen:

• Multiple joint FTC/FDA warning letters to brands marketing CBD and delta-8 in formats "confusingly similar" to snacks or candy (see FDA, FTC joint delta-8 enforcement).
• Ongoing civil penalties, corrective advertising, refund mandates, and even product recalls for repeat violations.
• Stronger federal-state collaboration, with state attorneys general and the National Advertising Division (NAD) stepping up their investigation of misleading hemp health claims.

1. Implied Disease Claims: Substantiation is Not Optional

Health-related claims in hemp/CBD advertising remain the single highest risk for enforcement. The FTC’s standard—echoed by recent joint warning letters—requires “competent and reliable scientific evidence,” typically:

• Well-conducted human clinical studies,
• Peer-reviewed publications,
• Transparent disclosures of study limitations.

Stating or implying CBD will help with anxiety, pain, sleep disorders, cancer, or other diseases—without solid science—almost universally triggers a violation. As FTC reminded marketers here, no amount of fine print will salvage an unsubstantiated claim.

Key 2025 Takeaway for Businesses: Only promote benefits that you can back with robust, reproducible studies. General wellness claims must still be truthful and non-misleading.

2. “Non-Intoxicating” and Other Mislabeling Hazards

Don't advertise hemp cannabinoids as “non-intoxicating” unless you can rigorously defend that statement. With delta-8, delta-10, HHC, and similar compounds, the FTC is particularly concerned about:

• Claims that minimize impairment or risk,
• Product names/descriptions that could mislead about psychotropic effects,
• Absence/presence of psychoactive warnings on packaging.

Failure to accurately inform consumers—especially in products that may be accessible to minors—can prompt immediate enforcement, including forced label changes and market withdrawal.

3. Endorsements, Influencers & Fake Reviews: The 2023 FTC Endorsement Guides in Practice

The July 2023 FTC Endorsement Guides are now fully in effect for hemp and CBD marketers. These rules explicitly address:

• Disclosure: All material connections (payments, free products, business ties) between influencer and brand must be clearly and conspicuously disclosed—not hidden in footnotes or social media hashtags. FTC guidance
• Responsibility: Brands are now liable for influencers or endorsers making unsubstantiated claims, failing to disclose compensation, or creating misleading testimonials—even if the post says “my experience.”
• Children: Endorsements that target or are likely to reach children are treated with special scrutiny. Even seemingly harmless influencer posts can be called into question if kids are likely to see or be misled by them.

Key 2025 Takeaway for Businesses: Train influencer partners, monitor their content, and document your review and correction process. Do not purchase or post fake reviews.

4. Dark Patterns: Stealthy, Subtle, Still Sanctioned

The FTC continues to pursue so-called dark patterns: deceptive interface designs or marketing tactics that:

• Trick consumers into unintentional purchases (so-called “sludge” or upsell flows),
• Obscure key health risks,
• Make cancellation, refunds, or opting-out difficult, or
• Mislead by using hidden disclaimers, hard-to-find terms, or social proof (e.g., “As seen on TV” claims that aren’t real).

Recent actions—including high-profile penalties for health platforms using consumer data deceptively—demonstrate that hemp/CBD companies should avoid manipulative checkout flows, unclear privacy policies, and hidden recurring fees.

5. Packaging & Kids: No Room for Ambiguity

Federal and state authorities are sharply escalating enforcement against kid-appealing hemp packaging—think gummies, baked goods, or vapes designed to mimic popular children’s snacks and candy.

• Joint FTC/FDA cease-and-desist letters in 2024–2025 specifically cite products whose appearance could attract children and confuse parents or school personnel.
• State enforcement sweeps (e.g., Florida’s 2025 crackdown) resulted in the removal of thousands of non-compliant products, driven by new requirements for child-resistant packaging and strict prohibitions on branding, imagery, or flavor cues appealing to kids.

Key 2025 Takeaway for Businesses: Avoid any packaging, imagery, or marketing that could reasonably be mistaken for products children commonly consume. Err on the side of caution.

6. Age-Gating, Access Controls, and Online Sales

While there is no federal minimum age for purchase of hemp-CBD, many states require businesses to implement robust age-verification controls (often 21+ for inhalable or psychoactive products). The FTC has indicated that failing to reasonably restrict access—especially for delta-8/delta-10—could constitute an unfair or deceptive practice if minors are able to purchase online.

Recent compliance guides highlight that platforms must:

• Accurately verify buyers’ age at point of sale (not just with a checkbox),
• Store proof of verification,
• Refuse direct shipment to states with explicit bans or tighter protections.

For authoritative national guidance, see industry compliance tips for age-restricted sales.

7. State AG Settlements and NAD Actions: Not Just the Feds

Several state attorneys general are actively pursuing claims against hemp/CBD brands that overstate health benefits, downplay risks, or fail to comply with state labeling, marketing, and packaging laws. For example, Nebraska AG settlements in 2025 addressed delta-8 misbranding and child-protective packaging in addition to classic consumer deception.

The National Advertising Division has also reviewed—and often referred to the FTC—hemp/CBD campaigns for unsupported efficacy or safety claims, even where federal agencies have not yet brought suit.

Best Practices for 2025: Next-Level Cannabis Compliance

Bold product innovation means nothing if it comes at the cost of non-compliance. The new playbook for 2025 prioritizes:

1. Substantiate every product claim—and be ready to show your evidence. Use only high-quality scientific support before advertising any benefit.
2. Audit all packaging and marketing for potential child appeal and change anything remotely ambiguous.
3. Vet all influencer, testimonial, or endorsement content—ensure strong training and consistent monitoring. Always disclose material connections.
4. Disclose health warnings/transparency on intoxicating effects of cannabinoids. Never trivialize or omit psychoactive risks.
5. Implement strong age gates and transaction controls for online and offline sales.
6. Monitor for new state AG settlements and NAD guidance. Stay nimble and adjust your compliance program as regulations evolve.
7. Avoid dark patterns of any kind. Be transparent with fees, terms, and data collection.

Final Thoughts: A Rapidly Shifting Federal-State Mosaic

2025 is shaping up as the defining year for hemp advertising standards. The FTC’s assertive regulatory approach, bolstered by the FDA, state attorneys general, and the National Advertising Division, leaves no tolerance for deceptive claims, failure to disclose material connections, or marketing practices—intentional or not—exposing young people to risk.

For cannabis businesses, robust compliance isn’t just protection—it’s a competitive advantage and a brand builder.

Leverage CannabisRegulations.ai for the latest, state-specific guidance and professional tools to help your hemp or cannabis venture stay compliant. Whether you manage dispensaries, brands, or investments, our up-to-date compliance resources are your key to thriving in the evolving regulatory landscape.