N.Y. Comp. Codes R. & Regs. tit. 9 § 129.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 129.3 - Adult-Use Marketing and Advertising Prohibitions

(a) No marketing, advertising, or advertisement shall:

(1) depict cannabis products not compliant with Part 128 of this Title;

(2) use or display images designed in any manner to be attractive to individuals under twenty-one (21);

(3) use audio that may be attractive to individuals under twenty-one, including but not limited to using children's voices or cartoon voices;

(4) be on or in the form of a billboard, unless otherwise allowed pursuant to Section 129.4 of this Part;

(5) use or display colloquial references to cannabis or depictions of cannabis, cannabis products, paraphernalia, or the imagery or action of smoking or vaping, including but not limited to the words "stoner", "chronic", "weed", "pot", or "sticky buds," unless such reference is used in the licensee's name, entity name, doing business as name, or logo;

(6) be false or misleading, including making any health claims or a representation that use of cannabis has curative or therapeutic effects;

(7) promote overconsumption or rapid consumption;

(8) promote product potency or THC concentration;

(9) promote price, price reductions, or any other discount, customer loyalty program, or coupon, except as part of an environmental sustainability program pursuant to Section 128.4(a) of this Title or otherwise approved by the Office;

(10) falsely portray cannabis or cannabis products as being in compliance with Article 3 and Article 5 of the Cannabis Law;

(11) assert that cannabis or cannabis products are safe because they are regulated by the Board or Office;

(12) use the term "organic" unless describing a cannabis product's ingredients and in compliance with Title 7, as it relates to Agriculture, of the Codes of Federal Regulations sections 205.600 to 205.607 (sections 205.608 -205.619 ), regarding the USDA National list of Allowed and Prohibited Substances , such that the product contains at least 70 percent certified organic ingredients (not including salt or water);

(13) use the term "craft" unless describing a cannabis product made by a processor designated by the Office as processing craft products;

(14) use the term "gluten-free" unless the product meets the term as defined in Title 21, as it relates to Food and Drugs, of the Codes of Federal Regulations section § 101.91;

(15) use the term "vegan" unless describing a cannabis product containing no animal products;

(16) use the term "kosher" unless describing a cannabis product packaged and labeled in compliance with section 201-a of the Agriculture and Markets Law;

(17) contain any obscene or indecent statement, design, or representation, picture, or illustration;

(18) be within or be readily observed within 500 feet of an elementary or secondary school grounds as defined in Education Law, recreation center or facility, childcare center, playground, public park, or library;

(19) disparage the cannabis or cannabis products of another business;

(20) encourage the transportation of cannabis across state lines or otherwise encourage illegal activity;

(21) be on or through handbills that are passed out in public areas including, but not limited to, parking lots and publicly owned property;

(22) include medical symbols that might reasonably lead a consumer to think the product is a medical product;

(23) utilize unsolicited pop-up or banner advertising on the internet other than on age-restricted websites for people twenty-one and over who consent to view cannabis-related material;

(24) produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol of or references to cannabis. This prohibition shall not pertain to cannabis paraphernalia sold to consumers;

(25) advertise through free promotional items including, but not limited to, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and "free" or "donated" cannabis products, except for: the provision of branded exit packages by a licensee for the benefit of customers after a retail purchase is completed, the provision of free promotional items as part of an environmental sustainability program pursuant to Section 128.4(a) of this Title, or otherwise approved by the Office;

(26) use a commercial mascot;

(27) include a special branding material, unless use of that special branding material is authorized and complies with this Part; or

(28) violate additional prohibitions determined by the Board or Office.

(b) A licensee shall not permit the use of their trademarks, brands, names, locations, or other distinguishing characteristics for third-party use on advertising in a manner that does not comply with this Part or any other statute, rule or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 129.3

Adopted New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023