N.Y. Comp. Codes R. & Regs. tit. 9 § 129.2
Current through Register Vol. 46, No. 25, June 18, 2024
Section 129.2 - Adult-Use Marketing and Advertising General Requirements(a) A licensee may use its brand on labeling, signs, advertisements, and other material subject to Parts 128 and this Part of this Title.(b) A licensee may engage in reasonable marketing and advertising practices that are not otherwise prohibited in this Part, provided the marketing, advertising, and any advertisements do not jeopardize public health or safety, promote youth use, or be attractive to individuals under twenty-one.(c) Any advertisement shall, unless otherwise approved by the Office, include a required warning that depends on that advertisement's form: (1) if the advertisement contains only visual elements or a combination of audio and visual elements, then the following statements shall be included in a conspicuous manner on the face of the advertisement or clearly read aloud at the same volume and pace and in the same language as the rest of the advertisement: "For use only by adults 21 years of age and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact thePoison Center at 1-800-222-1222 or call 9-1-1. Please consume responsibly."; or(2) if the advertisement contains only auditory elements, then the following statements shall be clearly read aloud at the same volume and pace and in the same language as the rest of the advertisement: "For use only by adults 21 and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the Poison Center. Consume responsibly."(d) Any advertisement, unless otherwise approved by the Office, shall include one of the following warnings in a rotating manner as directed by the Office, in their entirety in a conspicuous manner on the face of the advertisement or clearly read aloud at the same volume and pace and in the same language as the rest of the advertisement:(1) "Cannabis can be addictive.";(2) "Cannabis can impair concentration and coordination. Do not operate a vehicle or machinery under the influence of cannabis.";(3) "There may be health risks associated with consumption of this product.";(4) "Cannabis is not recommended for use by persons who are pregnant or nursing."; or(5) Other warnings as determined by the Office.(e) Warnings pursuant to sections 129.2(c) and 129.2(d) of this Part shall be displayed as follows if printed or otherwise written on the advertisement: (1) in the same language as the advertisement;(2) in Times New Roman, Calibri, Arial, or Helvetica;(3) in text no smaller than size 6 font;(5) be legible, unobscured, and visible to the consumer; and(6) in a bright yellow text box so as to stand out from the surrounding advertisement. The use of a bright yellow color for the warning shall not render the advertisement attractive to individuals under twenty-one as prohibited by Section 129.3 of this Part. If the surrounding advertisement is yellow in color, the text box shall be offset with a distinctive border so as to differentiate it from the surrounding advertisement.(f) A licensee shall include the New York State HOPEline phone number, text number, and website or QR code on any advertisement, or other future iteration of New York State's gambling and substance use disorder resource helpline, unless otherwise approved by the Office.(g) A licensee shall only advertise by means of television, radio, print, internet, mobile applications, social media, other electronic communication, or other print publication, unless the advertisement is an outdoor sign pursuant to Section 129.4(a) of this Part, if the licensee has reliable evidence that at least 90%, unless otherwise determined by the Office, of the audience for the advertisement is reasonably expected to be twenty-one years of age or older. The burden of proof of the audience composition lies with the licensee.(h) A licensee shall maintain records and documentation to establish that its advertising and marketing meet the requirements of this Part.(i) A licensee may sponsor a charitable, sports, or similar event provided however, a licensee shall not advertise at, or in connection with, such an event unless: (1) any advertisements consist only, at a maximum, of the licensee's logo and the following text: (i) the licensee's name, entity name, or doing business as name;(ii) the licensee's website URL, email address, and phone number;(iii) the nature of the business; and(iv) if the licensee is authorized to conduct retail sales, the retail dispensary's location; and(2) advertising and marketing at eligible events shall comply with this Part.(j) A licensee shall limit the apparel displaying its brand and trademark used in connection with the sale of apparel displaying its brand to only adult sizes. Such apparel shall only be sold by the licensee at its own licensed premises. The universal symbol as determined in Part 128.5(b)(7) of this Title cannot be used in branded apparel.(k) A licensee shall accurately and legibly include its name and license number in all advertisements for its products, unless the form of the advertisement has been exempted from this requirement by the Office.(l) A licensee who advertises via a website or digital application shall have a mechanism designed to keep those under the age of twenty-one from visiting the website or digital application.(m) A licensee who has entered into an intellectual property licensing agreement, marketing or advertising agreement or any other agreement in which a licensee authorizes the use of its intellectual property, or allows a third party to market or advertise on its behalf, the licensee is responsible to ensure that such agreement, intellectual property use, marketing or advertising shall comply with Part 128 and this Part of this Title.(n) Licensees shall comply with additional requirements as set out by the Office.N.Y. Comp. Codes R. & Regs. Tit. 9 § 129.2
Adopted New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023