A. As used in this section, "advertising" does not mean: (1) a sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced, manufactured or sold on the licensed premises; (2) a label affixed to a cannabis product or the covering, wrapper or container of a cannabis product; or (3) an editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company. B. The division shall promulgate rules consistent with industry standards that: (1) prohibit the advertisement and marketing of cannabis products: (a) on radio, television or other broadcast media, internet pop-ups and mass transit vehicles; provided that the division shall not prohibit advertising and marketing to: 1) subscribers of subscription-based radio, television or other broadcast media who are twenty-one years of age or older; or 2) persons twenty-one years of age or older who have solicited the advertising or marketing; (b) that are false, deceptive or misleading, including making unproven health benefit claims; (c) that are on billboards, posters, handbills or other visual media that are located or can be viewed within three hundred feet of a school, daycare center or church; (d) that depict consumption by children or other persons who appear to be younger than twenty-one years of age; (e) that use predatory marketing and advertising practices targeting minors; or (f) that are designed using cartoon characters or to mimic any other product brand; and (2) require: (a) all advertisements and marketing to accurately and legibly identify all persons responsible for its content; and (b) advertisements in print and digital communications to be placed only where the audience is reasonably expected to be twenty-one years of age or older as determined by reliable, current audience composition data. History: Laws 2021 (1st S.S.), ch. 4, § 20; 2024, ch. 38, § 9. The 2024 amendment, effective July 1, 2024, provided exceptions to the definition of "advertising"; added a new Subsection A; and redesignated former Subsection A as Subsection B.
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