New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.17 - Medical Cannabis Marketing and Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General Requirements.
(1) Medical cannabis marketing and
				  advertising shall only include true and accurate statements relating to
				  effectiveness, side effects, consequences or contraindications, regardless of
				  marketing or advertising form. It shall present a fair balance between
				  information relating to effectiveness, side effects, consequences, and
				  contraindications in that the information relating to effectiveness may not be
				  presented in greater scope, depth, or detail than is the information relating
				  to side effects, consequences and contraindications, taking into account all
				  implementing factors such as typography, layout, contrast, headlines,
				  paragraphing, white space, and any other techniques apt to achieve
				  emphasis.
(2) A registered
				  organization may engage in reasonable advertising practices that are not
				  otherwise prohibited in this Part, provided the marketing and advertising does
				  not jeopardize public health or safety, promote youth use, or be attractive to
				  individuals under twenty-one (21) as set forth in section
				  113.12(k)(1) of
				  this Part.
(3) A registered
				  organization shall ensure that an official translation of a foreign language
				  advertisement is accurate.
(4) Any
				  marketing or advertisement of medical cannabis or medical cannabis products
				  shall include the following statements, in a conspicuous manner on the face of
				  the marketing material or advertisement or be read aloud clearly at the same
				  volume and pace as the rest of the advertisement:
(i) "Keep out of reach of children and
				  pets.";
(ii) "In case of accidental
				  ingestion or overconsumption, contact the National Poison Control Center
				  hotline 1-800-222-1222 or call 9-1-1.";
(iii) "Please consume responsibly.";
				  and
(iv) any other statements or
				  warnings as directed by the Board.
(5) statements or warnings in print or
				  digital advertisements pursuant to this section shall be displayed as follows:
(i) in the English language;
(ii) in Times New Roman, Calibri, Arial, or
				  Helvetica;
(iii) in text no smaller
				  than size six (6) font;
(iv)
				  bolded;
(v) be legible, unobscured,
				  and visible to the consumer; and
(vi) 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 (21) as prohibited by section
				  113.12 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.
(6) A
				  registered organization shall only advertise medical cannabis products,
				  cannabis paraphernalia, or goods or services related to medical cannabis or
				  cannabis products by means of television, radio, print, internet, mobile
				  applications, social media, other electronic communication, or print
				  publication if the registered organization 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 (21) years of age or
				  older. The burden of proof of the audience composition lies with the registered
				  organization.
(7) A registered
				  organization shall maintain records and documentation to establish that its
				  advertising and marketing meet the requirements of this section.
(8) A registered organization may sponsor a
				  charitable, sports, or similar event provided however, a registered
				  organization shall not engage in advertising at, or in connection with, such an
				  event unless the registered organization has reliable evidence that at least
				  90%, unless otherwise determined by the Office, of the audience at the event
				  and/or viewing advertising in connection with the event is reasonably expected
				  to be twenty-one (21) years of age or older. Advertising and marketing at
				  eligible events must comply with this Part.
(9) A registered organization 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 registered organization within its registered premises.
(10) A registered organization shall
				  accurately and legibly include its name and registration number on all
				  advertising and marketing for its products.
(11) A registered organization who advertises
				  via a website or digital application shall have a mechanism designed to keep
				  those under the age of twenty-one (21) from visiting the website or digital
				  application, notwithstanding a certified patient or designated caregiver who is
				  at least eighteen years of age and visiting the website to purchase medical
				  cannabis.
(12) A registered
				  organization who has entered into an intellectual property licensing agreement,
				  marketing or advertising agreement or any other agreement in which a registered
				  organization authorizes the use of its intellectual property, or allows a third
				  party to market or advertise on its behalf, the registered organization is
				  responsible to ensure that such agreement, intellectual property use, marketing
				  or advertising shall comply with this Part.
(13) A registered organization shall comply
				  with requests from the Office to change any marketing and advertisements that
				  are determined to be false, misleading, or deemed necessary to protect public
				  health and safety.
(14) A
				  registered organization shall comply with any additional requirements as set
				  forth by the Office.