New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 129 - Adult-Use Marketing and Advertising › Section 129.3 - Adult-Use Marketing and Advertising Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(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.