On March 25, 2025, Rohto Pharmaceutical was punished by the Consumer Affairs Agency for engaging in stealth marketing by having its test subjects post about the company's products on Instagram and use them in advertisements.
As the CBD (cannabidiol) market expands rapidly in Japan, marketing compliance has become an unavoidable issue. If you do not properly understand the impact of the Cannabis Control Act, the Pharmaceuticals and Medical Devices Act, and stealth marketing regulations, there is a high risk of stepping into a gray area, which could cause significant damage to your company's image and business continuity.
In this article, the author, who runs ASA.tokyo, will explain the methodology for conducting CBD marketing safely and effectively, taking into account recent examples of stealth marketing enforcement and the Pharmaceuticals and Medical Devices Act.
We will cover how to avoid gray areas while increasing sales and how to find the "just right" way to express yourself. Learn practical tips such as "How can you make your product a hot topic on social media while still complying with regulations?"
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1. Laws to follow and key points to note when marketing CBD
1-1. Compliance with the Cannabis Control Act, the Pharmaceuticals and Medical Devices Act, and Terms of Use
In Japan, the Cannabis Control Act stipulates that cannabis is not legal unless its THC (tetrahydrocannabinol) content is below a certain level , so even if it contains CBD, it may be deemed illegal if trace amounts of THC are detected.
In addition, from the perspective of the Pharmaceuticals and Medical Devices Act, advertising expressions that assert medical effects are strictly regulated. For example, expressions such as "cure XX" or "improve △△" may be illegal, so softer phrases such as "support relaxation" or "support healthy living" are required.
Finally, even if you meet the Pharmaceutical and Medical Device Act and other laws, there may be cases where the terms of use for advertising sites state that "CBD is not permitted to be handled." These are generally called prohibited products , and currently the majority of advertising media and web services specify CBD as a prohibited product.
Therefore, after clearing the legal hurdles, the most important thing is to check the terms of use of the services and media you are aiming for exposure for and conduct your marketing in areas where the handling of CBD is not prohibited .
1-2. COA (Certificate of Analysis) proving THC-free
To demonstrate the authenticity of CBD products, a Certificate of Analysis (COA) issued by a third-party organization is required. This shows that THC is below the standard level, providing peace of mind to consumers and business partners.
In marketing, highlighting the existence of this COA is an effective strategy to create the impression that the product is "free of illegal ingredients = highly safe."
The COA must be disclosed by the raw material manufacturer. Check with the manufacturer to see if it is OK to make it public, then post it on the product page to prove that it does not contain any narcotic ingredients.
2. Tips for advertising that avoids gray areas
2-1. Statements that do not assert medical effectiveness
Although overseas research has suggested that CBD may be effective in treating anxiety and helping with sleep, advertising that guarantees medical benefits is not permitted in Japan.
Stick to milder expressions such as "For daily relaxation support" rather than "Effective for XX." It is difficult for companies to control when ordinary users write on social media sites, "The effects are amazing!", but there is a risk in using definitive language as an official company statement.
One thing to be careful about is your marketing method when using influencers. You must clearly indicate that the content of your post is an advertisement, using "#PR" or similar.
Like Rohto Pharmaceutical, which is not using the product for advertising, they are paid for the posts and repost them, so the excuse that "influencers are just saying that it works or that they cured me" does not hold water.
It is essential to set guidelines for posts so as not to mention the effects and efficacy of CBD, and to establish a system for checking posts before and after the fact.
2-2. “No side effects” is a no-no
You should also avoid categorical statements such as "no side effects at all."
Clinical research into CBD has yet to progress to determine whether it can cause allergic reactions, and it cannot be said that there is no possibility of allergic reactions depending on one's constitution, so it is important to remember that there are individual differences .
Also, since there may be users who have some kind of physical condition or are taking other medications, it would be effective from a compliance perspective to include a message encouraging such people to consult a doctor or pharmacist in advance .
3. Compliance-focused marketing strategy: Four perspectives
3-1. If you want to create buzz on social media, make lifestyle suggestions
Now let's think about how to appeal to users specifically.
The interest in CBD is fuelled by lifestyle trends such as relaxation and health consciousness.
One way to aim for natural spread would be to suggest everyday situations, such as "incorporating CBD coffee into your morning routine" on Instagram or TikTok.
The key here is to appeal visually, while being careful not to assert medical effects such as "XX has improved."
3-2. Organic and sustainable
CBD raw materials produced on hemp farms that comply with the Cannabis Control Act have the advantage of being a sustainable material with a low environmental impact .
Our website, ASA.tokyo, operates under the Made by Japanese brand with the aim of having Japanese farming corporations based overseas obtain cultivation licenses locally and manage the cultivation of cannabis raw materials.
It is important to understand what strengths your ingredients have.
In addition, by appealing that "hemp cultivation can minimize the use of pesticides and chemical fertilizers" and "it helps improve soil," it will be possible to attract people who are interested in ethical consumption and the SDGs.
In this case too, the trick is to appeal to customers from angles such as "contributing to society" and "being friendly to the global environment," and to focus on sustainability rather than the direct medical effects.
3-3. Experience events and workshops
It would also be effective to provide a place where people can actually taste and experience CBD, rather than just online.
For example, if you collaborate with yoga studios or relaxation salons and hold "yoga classes with CBD tea" or "CBD oil tasting events," you can create a way for users to try it for the first time, although at their own risk. In this case, be sure to clearly state that the product does not violate the Cannabis Control Act and provide proof that it is THC-free .
The effects of CBD oil vary from person to person, but generally take about 30 to 60 minutes to appear. Treatments and programs should be scheduled with the time lag until the effects appear.
4. Developing an internal system to avoid gray areas
4-1. Training of legal and pharmaceutical personnel
It is important for companies that handle CBD products to train and assign legal and pharmaceutical affairs staff in-house. They should regularly check relevant laws, including the Cannabis Control Act and the Pharmaceutical and Medical Device Act, and create a system for verifying advertising claims and product packaging.
Alternatively, you can clear this section quickly by requesting consulting or auditing from a business that has the above-mentioned systems in place.
4-2. Creating a manual for handling customer inquiries
It is important to prepare FAQs and response manuals so that you can provide appropriate answers to user questions such as "How much should I drink?" and "Will it cure my illness?"
If you mistakenly say something is "effective for XX," it could be considered illegal advertising.
You can increase trust by clearly using phrases such as "Individual differences exist" and "We recommend consulting a doctor" and demonstrating your commitment to compliance.
In particular, at exhibitions and brick-and-mortar stores, there is a risk that part-time employees may respond inappropriately due to a lack of training, resulting in them being charged with violating the Pharmaceuticals and Medical Devices Act. Make sure to create a manual for how to respond and ensure there is no inconsistency in customer service or information provision.
5. Future outlook: Preparing for legal reforms and market expansion
5-1. The importance of following overseas trends
While legal regulations in Japan remain strict, CBD research and legalization is progressing further overseas in some areas.
There is a possibility that certain legal reforms and deregulations will occur in Japan in the future, so by keeping an eye on the overseas news and corporate trends that are also posted on the ASA.tokyo CBD blog, you may be able to introduce new marketing methods early on.
5-2. Balancing differentiation and security
In the increasingly competitive CBD market, it is desirable to launch aggressive strategies with new products and flavor variations. However, even in such cases, compliance with laws and regulations is essential, and there is a risk that the brand image will be destroyed if the foundation of "safety and security" is shaken.
Conversely, companies with a robust compliance system will gain the trust of users over the long term and can expect stable growth.
summary
In order to promote CBD marketing with a focus on compliance, it is necessary to understand the Cannabis Control Act and the Pharmaceuticals and Medical Devices Act, and it is also necessary to be extremely careful not to make assumptions about medical effects when using social media or influencers. It is ideal to appeal to legal compliance, such as by showing a COA (Certificate of Analysis) to prove that it is THC-free, while expressing it in a way that allows users to choose CBD as "part of their lifestyle."
If you rush into excessive buzz or stimulating advertising, you risk stepping into a gray area, but by carefully cultivating an image of sustainability and relaxation, you can increase your brand power in the long term. While prioritizing a "sense of security," develop a strategy to increase contact points with users and build a solid position in the future CBD market.
References/URL
- Ministry of Health, Labor and Welfare: Cannabis Control Act and Pharmaceuticals and Medical Devices Acthttps ://www.mhlw.go.jp/
- FDA (Food and Drug Administration): https://www.fda.gov/
