N.Y. Comp. Codes R. & Regs. tit. 9 § 129.5

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

Section 129.5 - Adult-Use Marketing and Advertising Violations and Penalties

(a) A licensee shall immediately remove or discontinue advertisements if the Board determines the marketing or advertising violates the provisions of Cannabis Law and this Part or if the licensee fails to provide records to the Office upon request that establishes the marketing or advertising meets the requirements of Cannabis Law and this Part.

(b) In the event a third-party has used a licensee's trademarks, brands, names, locations, or other distinguishing characteristics in a way that does not comply with this Part or any other statute, rule or regulation, the licensee shall immediately notify the Office and issue a cease-and-desist notification to the third-party.

(c) The Office may take any action against any licensee who fails to comply with this Part, including but not limited to recommendations to the Board for suspension, cancellation, or revocation of a license, imposition of any fees or fines, requiring a licensee to cease by a date determined by the Office the non-compliant marketing and advertising and requiring removal by a date determined by the Office of any advertisement still being published or displayed, and any other penalties set forth in Cannabis Law and Part 133 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 129.5

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