Clifford Chance

Cannabis-based vaping and smoking products: setting a budding industry ablaze

9 August 2019

As touched upon in previous instalments of our “Green Rush” series, there is a growing demand among consumers for natural or alternative products with purported health benefits. Following recent changes in the law concerning the legal status of cannabis, innovative businesses are exploring new ways to disrupt a number of markets with the introduction of cannabis-based products as an alternative for consumers.

In recent years, we have seen the rise of vaping and e-cigarette products being marketed as healthier alternatives to traditional tobacco smoking. It therefore comes as no surprise that businesses are now marketing cannabis-based vaping and smoking products (e.g. CBD vaping oil), as businesses seek to establish new revenue streams. Many online retailers, including Amazon, already offer a range of CBD vaping oils from specialist manufacturers, with claims that such products can be used for the cessation of smoking, medicinal purposes and to improve athletic performance.

With so many products available, companies operating within the market will need to ensure that their activities and the products they market, comply with the relevant laws and regulations in order to avoid criminal and civil sanctions as well as long-lasting damage to their brand and reputation.

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