Is it legal? There certainly are concerns

“Our interest rates are so high…” is probably the worst tagline a bank could ever have. Only in this case, it’s not a bank.

Up Cannabis, an Ontario-based pot producer backed by The Tragically Hip, is thinking out of the box when it comes to cannabis promotions. Even if that strategy is focused on misleading the cannabis consumer.

Not that the pot producer seems to mind: “You’re here. That’s money,” reads the campaign site, isthisreal.ca.

As per The Message, a Canadian marketing site, this is “a new campaign on wild postings, digital and social channels. This is marketing (in Ontario and B.C. now, with Nova Scotia and Alberta coming April 15) for cannabis presented as bank advertising (if the creative team had smoked a lot of weed).”

The outdoor advertising doesn’t mention cannabis directly. It’s only when a person logs on to their site does the age-gate appear.

“Up Cannabis is grown in Canada by good people and great tunes. They’ve got strains that fit every mood, curiosity, and day of the week. Heck, they’re even giving away Shredit Card discount codes. Which, is pretty nice. And us? We don’t know much about flying pigs, but we’re well versed on Up Cannabis,” the site reads once the age-gate is cleared.

“There’s nothing on the poster about cannabis, product listing or pricing, any health claims or even celebrity endorsements,” says Caryma Sa’d, a Toronto-based lawyer. “But what jumps out is the pig cartoon and the lifestyle suggestion when using terms such as ‘make a withdrawal from everything’ or ‘retire this afternoon’. In that regard, the campaign could be non-complaint… but it’s hard to say.”

As per an article by Borden Ladner Gervais LLP, “Under the Cannabis Act, it is prohibited to promote cannabis or cannabis accessories by means of testimony or endorsement, or by means of depicting a person, character or animal, whether real or fictional. This means that celebrity endorsements of cannabis brands, or even the use of cartoon characters are prohibited under the Cannabis Act.” The Act also “prohibits marketing which presents a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring,” reports Financial Post.

“They are certainly pushing boundaries, and being creative,” adds Sa’d. “But there are some concerns.”

One of the most creative cannabis campaigns in Canada to date. The marketing technique of misdirection has been under-utilized so far, but allows for a mass message that pulls to an age-gated site. Well done @Updotca and @OneMethod. https://t.co/nOfw3hUEul — Nick Pateras (@Nick_Pateras) May 10, 2019

Branding and promotions in the cannabis industry has always been a challenge. With harsh penalties and strict regulations, PR companies are often confined to thinking inside of the box. “As a PR professional, being in a regulated industry means that you have a larger challenge ahead of you,” John Bowes, senior public relations manager and consultant, was quoted saying in The GrowthOp article about marketing and branding in the cannabis industry. “The rules are as though we took tobacco, alcohol and illicit drug regulations and put them all together—it is a highly regulated system,” Bowes adds.

But how does being tricked into learning about cannabis sound? To some not that good. “I find this campaign odd and misleading,” tweeted Abi Roach, founder of the Hot Box Cafe. “If I was a consumer thinking I was looking into a financial website and ended up at some random weed site, I’d be confused and feel lied to. I don’t know if I would buy the product… Or remember it.”

Meanwhile, “the idea of doing a misdirect campaign seemed like a natural fit: we can’t talk about cannabis so let’s talk about something else,” John Hotts, the associate creative director of OneMethod, said in an article for The Message. “It was designed to feel a bit off, and weird, and build some of that intrigue. If you took a second and read the poster you would understand there is no way this is from a bank.”

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