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What will these restrictions mean for Canopy Growth’s line of Snoop Dogg-affiliated products, or the infamous appointment of KISS bassist Gene Simmons as Invictus’ chief evangelist? The Cannabis Act says that “it is prohibited to promote cannabis,” including “by means of a testimonial or endorsement” and “by means the depiction of a person, character or animal, whether real or fictional.” The same prohibitions apply to cannabis product labels. However, the Cannabis Act permits limited advertising via “brand-preference promotion,” which involves promoting a brand’s specific characteristics. The Cannabis Act also permits “informational promotion.” But just how far can licensed producers go with their advertising before Health Canada takes notice and considers enforcement action? For more insight, I spoke with two leading cannabis-industry lawyers: Toronto-based Matt Maurer, Vice-Chair of the Cannabis Law Group at Torkin Manes LLP, and Ottawa-based Trina Fraser, who heads the CannaLaw group at Brazeau Seller LLP in Ottawa. “They say it’s okay because Gene Simmons isn’t promoting the product, he’s promoting the company,” Maurer tells me. “Where is the line?” Fraser, who sat front row at Simmons’ MJBizCon talk, believes the former rock star was very carefully coached to avoid crossing any lines. “Every speech or statement I’ve read from him says ‘I am not here to promote or sell cannabis, I am here to promote the stock of Invictus MD.’ You can tell they’re positioning it as not being an endorsement or promotion of cannabis, but rather promotion of a stock of a publicly-traded company that just happens to own a wholly-owned subsidiary that happens to sell cannabis.” The Cannabis Act’s prohibitions on endorsements and testimonials only get triggered when representations “promote” cannabis. Maurer understands the argument.
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