What Will Adult-Use Cannabis Products Look Like In New York? Draft Regulations Approved for Packaging, Labeling, Marketing and Advertising

By Brandon Kurtzman, Michelle Bodian, Casey Leaver

Jun 2, 2022

What will adult-use cannabis products look like in New York? As of June 1, 2022, we can finally answer that burning question. The NY Cannabis Control Board voted yesterday to approve draft regulations for Adult-Use Packaging and Labeling and Marketing and Advertising and send them out for public comment. These draft regulations lay out all of the nitty-gritty details on product font size, color, shape, and permitted advertising methods.

Make your voices heard! If you disagree with something in the draft regulations, submit a public comment. Contact our NY Team for assistance with drafting and submitting your comment.

Like all draft regulations, once these are published in the state registrar, there will be at least one 60-day public comment period. While it might seem like New York is taking a piecemeal approach to regulations, these draft regulations signify an essential step toward the state's goal of rolling out Conditional Adult-Use Retailer (CAURD) and general Retail Dispensary licenses by the end of this year. After all, labeling and advertising are a critical part of a successful retail market. Read below to see what's permitted, prohibited, or just uniquely New York.

Labeling

Permitted

The principal packaging display panel must have a white background with black text containing certain required information, notably including, but not limited to:

• Milligrams per single serving of THC and per package of total THC

• Total servings

• Weight

• A list of active ingredients

• Solvents used

• Expiration date

• Use-by date

• Storage conditions

• Universal symbols

• A scannable QR code linked to a downloadable certificate of analysis

• Required warning language

Good news! The regulations thoughtfully include provisions allowing the required labeling information for small retail packages to be displayed on labels that may be accordion, expandable, extendable, or layered.

Prohibited

The following labeling practices are prohibited:

• Including any content that is made attractive to individuals under twenty-one
  • This means no cartoons, bubble-type font, bright colors that are "neon," symbols or images commonly used to market products to those under 21, terms "candy" or anything similar, similarities to products or words that refer to products commonly marketed to those under 21 (e.g., no imitation of food, candy, soda, drinks etc.)

• False or misleading statements

• The terms "organic" and "craft"

• Depicts cannabis, cannabis products, or paraphernalia

• Promotes over-consumption, price, price reductions, or any other discount or coupon

• Depicts a child or other person reasonably appearing to be under the age of twenty-one

Marketing

Permitted

Licensees are permitted to:

• Use their brand on labeling, signage, and other material subject to the regulations

• Develop advertising and marketing materials, provided the primary purpose of the advertising is to displace the illicit market and inform the consumer of the location of licensed retail dispensaries

• Engage in reasonable advertising practices that are not otherwise prohibited

  • (Provided the marketing and advertising do not jeopardize public health or safety, promote youth use, or be attractive to individuals under twenty-one)

• Use sponsorships and brand apparel (subject to certain regulatory requirements) 

Prohibited

Notable restrictions include prohibitions on:

• Marketing and advertising in the form of the billboard

• Promoting price, price reductions, or any other discount, customer loyalty program, or coupon

• Content within or readily observed within 500 feet of an elementary or secondary school grounds, recreation center or facility, childcare center, playground, public park, or library

• Advertising through the marketing of 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

Uniquely New York

• Talent portrayed in cannabis advertising must be a minimum of 25 years old, substantiated by proper identification

• Licensees cannot disparage products of another cannabis business

• Licensees cannot sponsor an event using a licensee's brand, business, or trade name

• The use of a commercial mascot is prohibited

Have an issue with any permissions or prohibitions in the draft regulations? Reach out to our New York team to help draft and submit a public comment. Vicente Sederberg LLP will monitor the progression of these regulations. Don't hesitate to contact us if you have any questions.

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