Cannabis Packaging & Labelling Requirements: The Challenge of Building a Strong Brand

Canada’s new Cannabis Act[1] (the “Act”) will provide legal access to cannabis to adults across Canada. The main objective of the Act is to regulate adult-use cannabis “to protect public health and public safety”, especially the health of young persons.[2] These policy objectives are apparent in the rules around packaging and labelling[3] and display of cannabis and cannabis accessories.[4] Although these provisions arguably contribute to the government’s policy objectives, they significantly limit industry’s ability to brand their cannabis products and accessories, including in choosing brand names, trademarks and/or logos. The Act prohibits the selling of cannabis or cannabis accessories in a package or label: (a) that could be appealing to young persons; (b) that sets out a testimonial or endorsement; (c) that depicts a person, character or animal; (d) that associates cannabis or one of its brand elements to a way of life…

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