Hemp Is Legal. Talking About It Isn’t.

How FDA and FTC rules restrict discussion of hemp, even when the plant itself is fully legal.

“Know the rules well, so you can break them effectively.” – Dalai Lama XIV

When it comes to hemp and CBD, the rules of engagement are unlike any other industry in America. The federal government legalized hemp through the 2018 Farm Bill, but the agencies responsible for regulating it, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), still treat hemp extract with a double standard that creates confusion for both businesses and consumers.

Even in writing this article to simply explain the rules of engagement, we’ve had to be careful with our language. Even though this piece doesn’t make health claims, regulators can still scrutinize tone and context. The FDA and FTC both apply what they call “implied claims” and “net impression” rules, meaning that if the overall message could be interpreted as promoting a product, it’s treated like advertising.

When The FDA Changes Their Story

For years, regulators stated that there was insufficient evidence to support CBD as an approved treatment for any specific condition. Yet today, CBD isolate, the same compound found in many hemp products, is also the active ingredient in an FDA-approved prescription medication. That medication, Epidiolex, is used to manage certain rare seizure disorders.

Because of that single pharmaceutical approval, the way companies are allowed to talk about this plant-based compound has changed dramatically. A pharmaceutical manufacturer can now make very specific statements about its version of the compound, but others using naturally derived hemp extracts cannot; even when discussing the same naturally occurring molecule. This has created an unusual situation where one version of a plant-based remedy can be described in medical terms, while every other version must remain silent.

In addition, the pharmaceutical manufacturer that holds the approval for Epidiolex has publicly advocated for stricter control of CBD isolates—reflecting the commercial tension between patented pharmaceuticals and naturally derived wellness products. Many in the hemp community see this as evidence of an uneven playing field rather than deliberate wrongdoing.

The Speech Rules Nobody Tells You About

The FTC and FDA have made it clear: you can’t make health or therapeutic claims unless you have pharmaceutical-level clinical trials to back them up. For large drug companies, that’s a multimillion-dollar process. For small, independent wellness brands, it’s usually out of reach.

In practice, these rules mean that businesses:

• Can’t say their product “helps with anxiety,” “reduces pain,” or “supports sleep.”
  
• Can’t share testimonials that include those statements, even if they’re sincere.
  
• Can’t post or link to research if the implication is that their product might work the same way.
  
• Can’t “like,” repost, or endorse a customer comment that could be read as a medical claim.
  

The FTC has issued penalties over phrases as mild as “may help support relaxation,” labeling them “unsubstantiated therapeutic claims.” The FDA has sent warning letters for using terms like “relief,” “treat,” or “calm” anywhere on a label, website, or social media post.

Consumer Protection or Communication Barrier?

These restrictions are framed as consumer protection—and in many cases, they do prevent misleading claims. But they also make it difficult for transparent, responsible brands to discuss testing, purity, or sourcing practices without fear of regulatory backlash.

Under current law, you can buy alcohol, tobacco, or processed foods with federally approved marketing claims, but a hemp company can’t even cite a published research article or mention lab results without risk of a warning letter.

This creates a paradox: the same government that approved a purified form of CBD as a prescription drug limits open discussion about the broader, naturally occurring plant compounds that inspired it.

Why This Matters

These rules don’t just restrict companies—they limit conversation. Consumers can’t easily share their experiences if brands risk penalties for acknowledging them.

The hemp industry was built by people who found value in plant-based alternatives when conventional approaches fell short. Their stories are an important part of the public dialogue, but under current rules, those voices are hard to amplify. The result is an environment where the pharmaceutical narrative dominates by default.

The Path Forward

Hemp and CBD deserve the same regulatory clarity that every other supplement category enjoys. The FDA could establish reasonable standards for dosage, purity, and labeling without treating ordinary speech as a form of advertising. The FTC could focus on true fraud rather than penalizing factual or clearly identified opinion.

Until that happens, the most conscientious players in the industry will continue to walk a fine line—educating the public while staying within the invisible boundaries of compliance.

At Off-Label Media, we believe the public deserves better than silence. Consumers have a right to reliable information about what they’re buying, and small manufacturers deserve the ability to share that information responsibly.

The real danger to public health isn’t people talking about hemp—it’s the absence of honest discussion because responsible companies are afraid to speak.

Bottom Line

The FDA and FTC aim to protect consumers, but their enforcement has produced a marketplace where pharmaceutical CBD is clearly defined, while natural hemp extracts remain in regulatory limbo. Until that double standard is resolved, hemp will remain both legal and unspeakable: a plant we can grow, bottle, and sell, but must be careful how we describe.

Obligatory Disclaimer

This article is provided for educational purposes only and does not constitute medical or legal advice. Herbal Edge does not make any claims regarding the use or efficacy of hemp, CBD, or related compounds for the treatment or prevention of any medical condition.