New York Proposes Adult-Use Cannabis Packaging and Labeling Rules

New York Proposes Adult-Use Cannabis Packaging and Labeling Rules
CANNANNEW REPORT

New York’s Office of Cannabis Management (OCM) recently proposed Adult-Use Packaging and Labeling Rules. The proposed rules will be published in the New York State Register on June 15, which will trigger the 60-day public comment period. As outlined below, the rules are restrictive. If these rules go into effect as drafted, New York cannabis licensees will not have much room for creative packaging of their products. Nothing Attractive to Individuals Under Twenty-One The proposed rules are stringent and would be a far departure from what New Yorkers currently see in the unregulated legacy market. Labeling, packaging, advertising, and marketing cannot be attractive to individuals under twenty-one, which OCM defines as “pleasing or appealing to persons under the age of twenty-one by using or including, among other things: Cartoons; Bubble-type or other cartoon-like font; Bright colors that are ‘neon’ in appearance Similarities to products or words that refer to products that are commonly associated with or marketed in a manner so as to be attractive to individuals under twenty-one, including but not limited to, any imitation of food, candy, soda, drinks, cookies, or cereal, in labeling, packaging, advertising, or marketing Terms ‘candy’ or ‘candies’ or variants in spelling such as ‘kandy’ or ‘kandeez’ Symbols, image, characters, public figures, phrases, toys or games that are commonly used to market products to individuals under the age of twenty-one; or Images of individuals who could reasonably appear to be under the age of twenty-one.” Although this definition of the term “attractive to individuals under twenty-one” is detailed, it is not objective, which could be problematic for licensees. For example, it may be difficult to differentiate between bright colors and “neon” colors. A licensee may struggle to determine whether something on a label is commonly used to market something to individuals under the age of…

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Source : New York Proposes Adult-Use Cannabis Packaging and Labeling Rules

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