N.J. Admin. Code § 17:30-17.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 17:30-17.2 - General advertising requirements and prohibitions

(a) A licensed cannabis business may provide information to the public through advertising, except that no person shall engage in advertisement of a cannabis business, cannabis products, or cannabis paraphernalia, unless such person has reliable evidence that at least 71.6 percent of the audience for the advertisement is reasonably expected to be 21 years of age or older.

(b) Any advertisement of any cannabis product, or cannabis paraphernalia shall contain the following warning: "This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children. There may be health risks associated with the consumption of this product, including for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product."

(c) Any advertisement by any licensed cannabis business shall disclose that the facility is licensed by the State of New Jersey.

(d) No person shall advertise any cannabis business, cannabis product, or cannabis paraphernalia:

1. In a manner that would target, or is designed to appeal to, individuals under the legal age to purchase cannabis products, including, but not limited to:

i. A depiction of a person under 21 years of age consuming cannabis items; or

ii. Inclusion of objects, such as toys, characters, or cartoon characters suggesting the presence of a person under 21 years of age, or any other depiction designed in any manner to be especially appealing to a person under 21 years of age;

2. On television, streaming services, or on the radio between the hours of 6:00 A.M. and 10:00 P.M.

i. Advertising online is allowed with no hour restrictions;

3. In any form or through any medium whatsoever within 200 feet of any elementary or secondary school grounds.

i. This paragraph shall not apply to advertisements within the premises of a cannabis retailer;

4. Directed towards location-based devices, including, but not limited to, cellular phones or augmented reality devices, unless the advertising is a mobile device application installed on the device by the owner of the device who is at least 21 years of age, and it includes a permanent and easy opt-out feature and warnings that the use of cannabis items is restricted to persons 21 years of age or older;

5. At or in connection with a charitable, sports, musical, artistic, cultural, social, or other similar event or sponsor such an event, unless the advertiser or sponsor has reliable evidence that no more than 20 percent of the audience at the event is reasonably expected to be under the legal age to purchase cannabis items;

6. On a billboard that is not on the real property where a cannabis business is located;

7. On a sign or placard in an arena, stadium, shopping mall, fair that receives State allocations, or video game arcade, unless such a site is an adult-only facility that prohibits persons under 21 years of age from entering;

8. In a manner that falsely disparages the products of another cannabis business;

9. In a manner that suggests that cannabis items are safe solely based on the fact that they are regulated by the Commission or have been tested by a licensed testing laboratory;

10. In a manner that promotes rapid consumption or overconsumption of cannabis; and

11. By way of any statement or illustration that is deceptive, false, or misleading. For the purposes of this section, a statement or illustration that is "deceptive, false, or misleading" includes, but is not limited to:

i. A representation that one brand or form of cannabis is better, more effective, or safer than other drugs or treatments, including other brands or forms of cannabis, unless such a claim has been demonstrated by substantial scientific or clinical evidence consisting of two or more adequate and well-controlled studies on the basis of which it could fairly and reasonably be concluded by experts qualified by scientific training and experience to evaluate the effectiveness of the product involved that the product will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling thereof. Substantial evidence shall include such adequate and well-controlled studies that are, as a matter of sound scientific judgment, necessary to establish that a product will have its intended effect;

ii. The use of a quote or a paraphrase out of context or without citing conflicting information from the same source, to convey a false or misleading idea; or

iii. The use of favorable information or conclusions from a study that is plainly inadequate in design, scope, or conduct to furnish significant support for such information or conclusions.

(e) No cannabis business shall:

1. Display, on the exterior of the establishment, any advertisement for cannabis or a certain brand of cannabis product, except that a cannabis business may have external signage for purposes of identifying the building by the licensed name.

i. The signage shall be compliant with local ordinances related to the real property where the cannabis business is located;

2. Use a commercial mascot outside of, or in proximity to, its premises;

3. Display cannabis and cannabis paraphernalia in a manner that is clearly visible to a person from the exterior of a cannabis business;

4. Advertise the price of cannabis products, except that:

i. A cannabis business may make available a catalogue or a printed list of the prices and strains or cultivars of cannabis items at the cannabis business to other cannabis businesses or consumers, as applicable; and

ii. A cannabis business may list its prices on its website or a third-party website; or

5. Produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol or references to cannabis.

i. This prohibition shall not pertain to cannabis paraphernalia sold to consumers.

(f) A cannabis business that advertises shall keep records as reliable evidence that the advertisement meets the requirements of this subchapter, which shall be available, upon request, to the Commission.

1. Such records shall include a precise description of the audience that is reasonably expected for an advertisement, and a list of all publications and venues in which an advertisement was published.

N.J. Admin. Code § 17:30-17.2

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Recodified to 17:30-20.2 by 55 N.J.R. 402(a), effective 3/6/2023