Utah Admin. Code 66-5-17

Current through Bulletin 2024-23, December 1, 2024

Section R66-5-17 - Targeted Marketing

(1) A medical cannabis pharmacy may engage in targeted marketing pursuant to Subsection 4-41a-1104(2)(f).

(2) Targeted marketing that makes a statement relating to side effects, consequences, contraindications, and effectiveness shall present a true statement of the information.

(3) Targeted marketing is false, lacking fair balance, or otherwise misleading if it:

(a) contains a representation or suggestion that a cannabis strain, brand, or product is better, more effective, useful in a broader range of conditions or patients, or safer than other drugs or treatments including other cannabis strains or products, unless the claim has been demonstrated by substantial evidence or substantial clinical data;

(b) contains favorable information or opinions about a medical cannabis product previously regarded as valid but which have been made invalid by contrary and more credible recent information;

(c) uses a quote or paraphrase out of context or without citing conflicting information from the same source, to convey a false or misleading idea;

(d) uses a study on individuals without a qualifying medical condition without disclosing that the subjects were not suffering from a qualifying medical condition;

(e) uses data favorable to a medical cannabis product derived from patients treated with a different product or dosages different from those legal in Utah; or

(f) contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for the information or conclusions.

(4) Targeted marketing may not include:

(a) unsubstantiated health claims or other claims that are not supported by substantial evidence or substantial clinical data;

(b) claims that cannabis cures any medical condition; or

(c) content that has a recreational disposition.

(5) A medical cannabis pharmacy may reference a cannabis strain or a medicinal dosage form in targeted marketing.

(6) When posting promotional information about a medical cannabis product for sale online, a medical cannabis pharmacy shall list the total amount of each cannabinoid contained in the product, measured in milligrams.

Utah Admin. Code R66-5-17

Adopted by Utah State Bulletin Number 2024-10, effective 5/13/2024

Amended by Utah State Bulletin Number 2024-15, effective 7/25/2024