4 Del. Admin. Code § 5001-10.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 5001-10.0 - Advertising10.1 General advertising and marketing requirements10.1.1 All advertisements and marketing materials must accurately and legibly identify all organizations or marijuana establishments responsible for the creation and proliferation of the advertisements or marketing materials.10.1.2 All advertisements and marketing materials for marijuana or marijuana products that are viewable by the public must include all of the following health and safety statements: 10.1.2.1 Marijuana ingestion by children can cause severe illness and hospitalization. KEEP IN LOCKED STORAGE CONTAINERS."10.1.2.2 "There may be health risks associated with the use of this product, and additional risks for women who are pregnant or breastfeeding or individuals 25 years of age and younger. Do not operate a motor vehicle or heavy machinery while using this product. The use of this product may result in adverse reactions with prescription medication, consult with your doctor or pharmacist."10.1.2.3 "For use by adults 21+, KEEP OUT OF REACH OF CHILDREN!"10.1.2.4 A statement that the product is not approved by the Federal Drug Administration (FDA) to treat, cure, or prevent any disease, and that the FDA has not evaluated the product for safety, effectiveness, or quality.10.1.3 Marijuana establishments may not engage in advertising by means of television, radio, Internet, mobile application, social media, or other electronic communication, event sponsorship, or print publication, unless at least 85% of the audience is reasonably expected to be at least 21 years old as determined by reliable and current audience composition data.10.1.3.1 A marijuana establishment must provide audience composition data to the Commissioner if requested. If the audience composition data provided to the Commissioner does not meet the requirements in this regulation, or if the marijuana establishment fails to immediately provide the requested audience composition data, the marijuana establishment must remove the advertisement or marketing material in question.10.1.3.2 Each marijuana-related website shall employ a neutral age screening mechanism that verifies that the user is at least 21 years old, including by using an age-gate, age-screen, or age verification mechanism before the user may access or view any content and before the website may collect the user's address, e-mail address, phone number, or contact information to disseminate advertisements. 10.1.3.2.1 If a website is appropriate for a qualifying patient who is under the age of 21 years, the website shall provide an alternative screening mechanism for the qualifying patient.10.1.3.2.2 An advertisement placed on social media or a mobile application shall include a notification that an individual must be at least 21 years old to view the content.10.1.3.2.3 The provisions of this subtitle applicable to marijuana establishments may not be avoided by hiring or contracting with a third party, or outsourcing advertisements that do not comply with this subsection.10.1.3.3 A marijuana establishment may not allow the use of its trademarks, brands, names, locations, or other distinguishing characteristics for third-party use for advertisements that do not comply with this subsection.10.1.3.4 Violations of the requirements in this subsection may be subject to fines and penalties as provided for in Section 14.0 of this regulation.10.2 Advertising and marketing prohibitions 10.2.1 Advertising and marketing of marijuana and marijuana products may not:10.2.1.1 Be deceptive, misleading, false, fraudulent, or otherwise be conducted in a manner that typically deceives or misleads, whether directly or through ambiguity or omission;10.2.1.2 Contain symbols or methods that are commonly used to market products to minors, including: 10.2.1.2.2 Imitation or resemblance of any existing branded consumer product;10.2.1.2.3 Cartoons, cartoon-like fonts, caricatures, fruit, human or animal shapes, balloons, or toys;10.2.1.2.4 Depictions of a celebrity or celebrity likeness; or10.2.1.2.5 Images of minors or words or images that refer to products that are commonly associated with minors or marketed to minors.10.2.1.3 Use predatory advertising or marketing practices that target minors;10.2.1.4 Be placed on the side of a building or another publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard. This does not include exterior signage on the premises of the business for the limited purpose of identifying the business to the public and in compliance with subsection 10.2.3.10.2.1.5 Occur on radio, television, other broadcast media, mass transit vehicles, or internet or app-based pop-ups, unless:10.2.1.5.1 Subscribers of a subscription-based radio, television, or other broadcast media are 21 years of age or older; or10.2.1.5.2 Individuals 21 years of age or older have solicited the advertising or marketing activities.10.2.1.6 Occur through any paid or unpaid in-person solicitation of customers;10.2.1.7 Imitate or resemble any existing branded consumer products;10.2.1.8 Promote the overconsumption or irresponsible use of marijuana or marijuana products;10.2.1.9 Depict the actual consumption of marijuana or marijuana products; or10.2.1.10 Contain any health or physical benefit claims.10.2.2 The Commissioner may consider limited exceptions to subsection 10.2.1.4 when petitioned in connection with charitable or non-profit activities.10.2.3 Signage displayed on the exterior of a marijuana establishment may not:10.2.3.1 Contain a realistic depiction of a marijuana leaf; or10.2.3.2 Be displayed in a size larger than 75 square feet or as limited by local ordinance, whichever is smaller.10.3 Branding is not considered an advertising or marketing activity, and is not subject to the rules set forth in subsections 10.1 and 10.2 of this regulation, except that branding may not appeal to minors, and may not include: 10.3.2 Imitation or resemblance of any existing branded consumer product;10.3.3 Cartoons, cartoon-like fonts, caricatures, fruit, human or animal shapes, balloons, or toys;10.3.4 Depictions of a celebrity or celebrity likeness; or10.3.5 Images of minors or words or images that refer to products that are commonly associated with minors or marketed to minors.10.4 Promotions and deals 10.4.1 Retail marijuana stores may not offer marijuana or marijuana products free of charge under any circumstance.10.4.2 Marijuana or marijuana products may be discounted, provided that the discount is not made in conjunction with the retail sale of products other than marijuana.10.4.3 Any promotion, deal, or discount on marijuana or marijuana products may not violate other advertising and marketing requirements of this regulation.10.4.4 This subsection of rules is not applicable to promotions and deals offered to individuals holding a valid medical marijuana program card.4 Del. Admin. Code § 5001-10.0
28 DE Reg. 226 (9/1/2024) (Final)