New York Takes Another Step Closer To Adult-Use Cannabis: OCM Releases Draft Rules On Packaging And Marketing

New York Takes Another Step Closer To Adult-Use Cannabis: OCM Releases Draft Rules On Packaging And Marketing
CANNANNEW REPORT

14 June 2022 by Andrew Cooper, Esq. , Michael A. Curatola, Esq. and Terran Cooper Falcon Rappaport & Berkman At the start of this month, the Office of Cannabis Management (OCM) released  draft regulations for the packaging, labeling, marketing, and advertising of cannabis products in New York State. While these are still subject to change before being adopted final, the draft regulations offer insight into the rules the cannabis industry will have to abide by. Many of the proposals focus on ensuring that cannabis products are not marketed toward, or made attractive to, anyone under the age of 21. Many aspects of these proposed regulations are derived or adapted from other states’ regulations. Still, some of the proposed restrictions on cannabis marketing may come as a surprise to certain industry participants. Further, the OCM is seemingly trying to incorporate certain sustainability initiatives into the burgeoning industry. Below are some of the most noteworthy aspects of the draft regulations, but please note that this overview is not exhaustive and is subject to change. Packaging, Labeling, Marketing, and Advertising Not Attractive to Individuals Under 21  The draft regulations explicitly prohibit any of the following from cannabis labeling, packaging, and marketing: cartoons, bubble/cartoon-type font, bright neon colors, and images of anyone reasonably appearing younger than 21. As per §128.1(b)(4), there is a prohibition on similarities to products, or words that refer to products, that are commonly associated with or marketed to be attractive to underage individuals, including any imitation of food, candy, soda, drinks, cookies, or cereal. Further, the words “candy” and “candies,” as well as any spelling variants are prohibited. These draft regulations notably target the commonality of (often illicit) cannabis products to knock off well-known characters and food brands to increase appeal. Similar to the above provision, §128.1(b)(6) defines the disallowance of symbols, images, characters, public figures, phrases, toys, or games that are commonly used to market products to individuals under the age of 21. This provision seems intended to disallow further media usage that may…

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Source : New York Takes Another Step Closer To Adult-Use Cannabis: OCM Releases Draft Rules On Packaging And Marketing

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