A report by Bigeye, a Strategy-Led, Creative-Driven, Full-Service Advertising Agency devoted to creating CBDmarketing campaigns that drive conversions.
The Quick-Takes
- CBD marketing has shifted from consumer-driven to fully regulation-driven.
- The modern CBD customer prioritizes trust, legality, and education over novelty.
- Education is both a compliance strategy and a competitive advantage.
- Paid social and search channels increasingly restrict CBD advertising, even for complaint brands.
- Owned media is now the safest and most reliable growth channel.
- Transparency drives differentiation and long-term brand loyalty
- Regulation favors compliant, well-capitalized brands and accelerates market consolidation.
CBD’s Legal and Marketing Shifts in 2026
The world of CBD marketing has changed dramatically due to shifts in government, regulation, and cultural acceptance. What was once a question of howto market CBD has increasingly become a question of whetherit can be marketed at all. Federal language surrounding CBD and hemp has changed year after year, with each piece of legislation reshaping what is considered legal, marketable, and safe for brands to promote.
A major crossroad is the 2025 Hemp Bill, effective November of 2026. In 2021, the definition of hemp and CBD largely referenced the 2018 Farm Bill, which defined hemp as cannabis containing no more than 0.3% delta-9 THC by dry weight. At that time, only delta-9 THC was considered, allowing a wide range of hemp-derived cannabinoids to exist in a legal gray area. While CBD was federally legal as long as it was derived from hemp, hemp is now judged by total THC, not just delta-9. As a result, many cannabinoids are excluded entirely, and many existing CBD products no longer qualify as legal hemp.
Washington Post. (2025, November 13). Hemp, cannabis, THC, delta‑8: Federal changes and regulatory impact.https://www.washingtonpost.com/politics/2025/11/13/hemp-cannabis-thc-delta8-rand-paul/
Arnold & Porter. (2025, December). Major changes to federal regulation of hemp-derived products.https://www.arnoldporter.com/en/perspectives/advisories/2025/12/major-changes-to-federal-regulation-of-hemp-derived-products
From Consumer-Driven to Regulation-Driven Marketing
Historically, CBD marketing followed a consumer-driven model. Brands focused its lifestyle appeal and wellness trends, building campaigns around curiosity and the perceived benefits. Today, that model no longer applies. The industry has moved from being consumer-driven to compliance-driven, and now to fully regulation-driven.
Before marketers can consider messaging, creative, or channels, they must first answer a more fundamental question: Is this product legally marketable under current federal guidance?What was once a straightforward process of building a campaign has become a meticulous research project in regulatory interpretation, FDA and FTC compliance, and platform-specific rules.
CBD marketers are currently operating in a pre-effective period, preparing for enforcement realities that will heighten once the 2025 “Hemp” Bill is fully implemented. The role of the marketer has shifted from growth accelerator to risk manager, requiring careful product research before any campaign planning begins.
Who the CBD Customer Is and How That Has Changed Since 2021
The core CBD customer in 2021 was seen mostly as those wanting to experiment with something different. Early adopters were simply curious, wellness-oriented consumers who saw CBD as a natural alternative or a new lifestyle enhancement. For many, the motivation was simple trend adoption rather than a deep understanding of the product itself.
However, in 2026, that customer looks very different. Regulatory scrutiny, inconsistent industry messaging, and high-profile enforcement actions have created a wave of skepticism. Today’s consumer is far more cautious and informed, demanding reassurance that a product is legal, safe, and transparent before they even consider purchasing it. They have stopped chasing bold promises and are now seeking verified sourcing information and credible education.
This shift has changed how CBD brands must communicate. The customer is no longer swayed by buzzwords or vague wellness claims. They now expect brands to take the time to clearly explain what CBD is, what it is not, how it is manufactured, and precisely why your product complies with federal standards.
Healthline. (2025). Federal ban on hemp‑derived THC products may limit CBD access.https://www.healthline.com/health-news/federal-ban-hemp-thc-products-could-limit-cbd-access
Why Education Is No Longer Optional
Education has become essential in CBD Marketing.With tightening regulations and widespread consumer confusion, brands that fail to educate risk losing credibility or disappearing entirely.
Education serves three essential purposes:
- It clarifies legality and compliance in a confusing jargon-ridden regulatory environment.
- It reduces consumer anxiety around safety, sourcing, and formulation.
- It establishes brands as trustworthy authorities rather than opportunistic sellers.
Importantly, education also functions as a defensive marketing strategy. By focusing on factual, transparent explanations instead of claims, brands are able to communicate value without triggering regulatory enforcement.
Building Compliant Campaigns
When building compliant campaigns, the focus must shift away from consumer buzzwords and toward federal compliance. This requires replacing language associated with treatment or cure with terminology that divulges general support and lifestyle alignment. Phrases like “cure-all” or implied medical benefits must give way to wording such as “everyday wellness support.”
This change in vocabulary may seem subtle, but it represents the critical difference between positioning a product as a treatment versus positioning it as a supplement or lifestyle product. Given the effects of the 2025 Hemp Bill, marketers must avoid medical claims, “get high legally” messaging, and cure-based language. While such claims may drive short-term sales, they also invite FDA warnings, FTC enforcement actions, and product seizures.
As a result, CBD marketing now prioritizes what canbe marketed: educational content, transparency, and controlled communication through owned media.
Paid Media Restrictions and the Shift to Owned Channels
Traditional paid media has become increasingly unreliable for CBD brands. Social media platforms, search engines, and major advertising networks now demand proof of product legality, often applying inconsistent or opaque standards within the rules for advertising CBD on social media. Even compliant brands face ad rejections, account suspensions, and overnight campaign shutdowns.
As a result, the traditional funnel of “Ads → Landing Page → Sale” has fundamentally changed. In its place is a slower but more stable model: “Content → Email → Trust → Sale.” While this approach reduces speed and scale, it creates long-term resilience in an unpredictable regulatory environment.
Owned media—such as websites, email lists, blogs, and educational resources—has become a brand’s primary defense. These channels allow companies to control messaging, include disclaimers, explain compliance requirements, and build lasting relationships without platform interference.
Alternative Digital Marketing Options
CBD ads have also faced some resistance from major digital publishers, who have banned CBD product marketing from some of their most popular websites. Third party marketing platforms specially designed for the cannabis and CBD marketshave been created to help brands create an effective CBD marketing strategy for the digital channel. These platforms use technology that automatically verifies the ages of browsers and the states in which they are located in order to ensure they remain compliant with all relevant regulations. This is one clever approach that can help CBD brands negotiate the tricky task of staying compliant, while gaining critical access to high authority publishers such as Buzzfeed and USA Today.
We Are Divisa, “CBD E‑Commerce Platforms,”https://www.wearedivisa.com/e-commerce/cbd-ecommerce-platforms/.
Podcast Ads
CBD brands can also take a more unorthodox approach and pursue something like podcast advertising. Growth in the podcast market has been exceptional in recent years, and CBD brands are a natural fit for the podcast demographic. While many people are under the mistaken impression that most podcasts are little more than a couple of people in a basement studio, the top podcasts generate millions of listens and downloads. By choosing podcasts with a strong following (and an audience that overlaps in some sense with CBD buyers), a brand or CBD marketing company can generate a surprisingly high ROI.
CannabisRegulations.ai. (2025). Advertising regulations for Meta, Google, TikTok, hemp, and THC.https://www.cannabisregulations.ai/cannabis-and-hemp-regulations-compliance-ai-blog/2025-advertising-meta-google-tiktok-hemp-thc
Brand Differentiation Through Transparency and Loyalty
In a crowded CBD market where products often appear interchangeable, differentiation is no longer driven by bold claims or aggressive lifestyle positioning. Instead, it is driven by transparency and trust.
Brands that succeed are those that openly communicate sourcing practices, formulation standards, and testing protocols. Transparency signals confidence and compliance, while ambiguity raises red flags for both consumers and regulators.
Loyalty now stems from reliability rather than excitement. As regulation tightens, consumers gravitate toward brands they perceive as stable, responsible, and consistent. This shift favors companies that invest in long-term relationships rather than short-term hype.
Regulation as a Market Filter
While regulation poses clear challenges, it also reshapes the competitive landscape. Increasing enforcement favors compliant, well-capitalized brands that can afford legal review, testing, and compliance infrastructure. Smaller or non-compliant operators—particularly those reliant on loopholes or aggressive claims—are increasingly pushed out of the market.
This dynamic mirrors other heavily regulated industries, where consolidation follows enforcement. Over time, regulation reduces noise, elevates standards, and rewards brands that prioritize sustainability over speed.
Armstrong Teasdale. (2026). Food, beverage, and consumer products issues to watch for 2026.https://www.armstrongteasdale.com/thought-leadership/food-beverage-and-consumer-products-issues-to-watch-for-2026/
Lessons from Regulated Industries
The CBD industry can learn from sectors such as tobacco, which faced sweeping restrictions after decades of aggressive marketing. Campaigns like Joe Camel, which relied on cartoon imagery and lifestyle appeal, were eventually banned for targeting youth and trivializing risk.
When those tactics were eliminated, brands that survived shifted focus toward adult consumers and brand loyalty. Although short-term visibility declined, long-term stability improved as weaker competitors exited the market.
For CBD, the lesson is clear: regulation does not eliminate opportunity—it reshapes it. Brands that adapt early by embracing education, transparency, and compliance can build durable market positions.
Creating High-Level CBD Marketing and Advertising with Bigeye
If your CBD marketing campaigns aren’t resonating, it’s time for a switch. At Bigeye, we believe that real results come only when you find a creatively dynamic partner with true domain expertise.
That’s what we offer our clients. We’ve been working in the CBD space almost since its inception; we’re no late entrant into the field, seeking to capitalize on the latest trend. We keep our pulse on what’s happening in the CBD industry, and we’re always one step ahead of evolving regulations and industry standards. Using that expertise, we create highly compelling CBD campaigns and pair them with the ideal distribution strategy, ensuring that your messages are served to the most relevant audiences possible.
If you’re looking for a creatively inspired CBD marketing campaign that engages audiences on a deeper level and gets them to convert, we urge you to reach out to Bigeye today. We’d love to show you the power of a creatively inspired, tech-supported CBD ad strategy.
Want to learn more about the CBD consumer? Download our National Study of CBD Use.
Frequently Asked Questions (FAQs)
Is CBD marketing legal in the United States?
Yes, but it is tightly regulated. CBD products must follow federal and state laws, and marketing cannot make medical or treatment claims. The way a product is marketed matters as much as the product itself.
Why do CBD ads get rejected on digital platforms?
Many advertising platforms limit or restrict CBD content. Even compliant brands can see ads rejected because rules vary by platform and are not always applied consistently.
What claims are allowed in CBD marketing?
Brands can talk about general wellness, lifestyle use, sourcing, and product quality. They cannot claim that CBD treats, cures, or prevents medical conditions.
What marketing channels work best for CBD brands?
Owned channels like websites, blogs, email, and educational content are the most reliable. These channels give brands full control over messaging and reduce the risk of takedowns.
Why is education important in CBD marketing?
Education builds trust. Clear, factual information helps consumers understand the product while keeping brands compliant with regulations.
Sources
- Washington Post, “Hemp, Cannabis, THC, Delta‑8: Federal Changes and Regulatory Impact,” November 13, 2025,https://www.washingtonpost.com/politics/2025/11/13/hemp-cannabis-thc-delta8-rand-paul/.
- Arnold & Porter, Major Changes to Federal Regulation of Hemp-Derived Products, December 2025,https://www.arnoldporter.com/en/perspectives/advisories/2025/12/major-changes-to-federal-regulation-of-hemp-derived-products.
- Healthline, “Federal Ban on Hemp‑Derived THC Products May Limit CBD Access,” 2025,https://www.healthline.com/health-news/federal-ban-hemp-thc-products-could-limit-cbd-access.
- CannabisRegulations.ai, Advertising Regulations for Meta, Google, TikTok, Hemp, and THC, 2025,https://www.cannabisregulations.ai/cannabis-and-hemp-regulations-compliance-ai-blog/2025-advertising-meta-google-tiktok-hemp-thc.
- Armstrong Teasdale, Food, Beverage, and Consumer Products Issues to Watch for 2026, 2026,https://www.armstrongteasdale.com/thought-leadership/food-beverage-and-consumer-products-issues-to-watch-for-2026/.
- Bigeye Agency, “Why Client Education Is Essential in CBD Marketing,”https://www.bigeyeagency.com/why-client-education-is-essential-in-cbd-marketing/.
- We Are Divisa, “CBD E‑Commerce Platforms,”https://www.wearedivisa.com/e-commerce/cbd-ecommerce-platforms/.
- Bigeye Agency, “Podcast Marketing: How to Create Branded Podcasts That Connect,”https://www.bigeyeagency.com/podcast-marketing-how-to-create-branded-podcasts-that-connect/.
