NEWS
CELEBRITY
ENDORSEMENT
and the
CANNABIS ACT
New legislation prevents brands naming products after an
individual, character or animal
By Patrick Griffin
Companies using celebrity endorsement for their cannabis
brands may have to find new ways to promote their products
from now on.
The new Cannabis Act says that promotional material for marijuana
products must not include the depiction of “a person, character or
animal, whether real or fictional.”
This means that brands whose campaigns include celebrity names
such as Marley Natural and Leafs By Snoop may find new challenges
when it comes to marketing and promotion.
A spokesperson for Health Canada told Marijuana Business Daily:
“Under the [previous] regulations, a brand could be named after
an individual but The Cannabis Act will prohibit this and other types
of promotions.”
The Act, which became law on October 17, serves to legalize
recreational use of cannabis throughout Canada and comes at a
time when celebrity endorsement within the industry is becoming
increasingly popular.
British Columbia-based Tilray, a global leader in medical cannabis
research, cultivation, processing and distribution, said it plans to
sell the Marley Natural line to recreational cannabis users in Nova
Scotia and Ontario.
Marley Natural products are “rooted in the life and legacy of Bob
Marley,” the company said in a news release earlier this year.
20 | VMC
Canopy Growth Corporation, from Ontario, has the exclusive Canadian
rights for Snoop Dogg’s Leafs by Snoop marijuana brand and intends
to sell the product to recreational consumers in Manitoba.
It is still unclear how the strictly the new law will be applied. For
example, companies may be able to stay on the right side of the
legislation by naming a cannabis product after some “signature
element” of a celebrity.
Trina Fraser, a business lawyer at Brazeau Seller Law, asked: “What
if you name a cannabis product after a band? Or a song, or book, or
movie, or some other signature element of a celebrity’s public persona?
“While such brands would be referable to the celebrity, they would
arguably not include ‘depictions’ of the celebrity.”
Rock band The Tragically Hip, from Kingston, Ontario, seem to be
going down this route. They have invested in cannabis producer
Newstrike to launch Up Cannabis as their official brand of medical
marijuana.
The company has said it also plans to take advantage of the
new relaxed cannabis laws by seeking to expand its portfolio of
products.
In a recent letter to shareholders chief executive Jay Wilgar said
the company was exploring “several opportunities” as it eyes long-
term opportunities in the sector, including cannabis concentrates,
vape pens, edibles and beverages.”