Massachusetts State Advertising Regulations
Massachusetts recently approved adult use to go along with its previously existing medical marijuana program.
Marijuana advertisements, branding, and marketing created for viewing by the public shall include the statement “Please Consume Responsibly”, in a conspicuous manner on the face of the advertisement and shall include a minimum of two of the following warnings in their entirety in a conspicuous manner on the face of the advertisement:
- “This product may cause impairment and may be habit forming.”
- “There may be health risks associated with consumption of this product.”
- “Marijuana should not be used by women who are pregnant or breastfeeding.”
- “For use only by adults 21 years of age or older. Keep out of the reach of children.”
- “Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.”
Additionally, all marketing, advertising, and branding produced by or on behalf of a marijuana establishment shall include the following warning, including capitalization, in accordance with M.G.L. c. 94G, § 4(a1⁄2)(xxvi):
The Food and Drug Administration (FDA) has not analyzed or approved this product. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breastfeeding may pose potential harm. It is against the law to drive or operate machinery when under the influence of this product.
KEEP THIS PRODUCT AWAY FROM CHILDREN.
There may be health risks associated with the consumption of this product. Marijuana can impair concentration, coordination, and judgment. The impairment effects of Edible Marijuana Products may be delayed by two hours or more. In case of accidental ingestion, contact the poison control hotline at 1-800-222-1222 or 9-1-1. This product may be illegal outside of Massachusetts.
Other provisions related to digital advertising
A marijuana establishment may develop a business name and logo to be used in labeling, signage, and other materials; provided, however, that use of medical symbols, images of marijuana, or related paraphernalia images, that are appealing to persons younger than 21 years old, and colloquial references to cannabis and marijuana are prohibited from use in this business name and logo.
Advertising, marketing, and branding that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old is prohibited.
Advertising, marketing or branding, on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues including, but not limited to, vinyl-wrapped vehicles or signs or logos on transportation vehicles or company cars is prohibited.
Any advertising of an improper or objectionable nature including, but not limited to, the use of recipe books or pamphlets for marijuana products which contain obscene or suggestive statements is prohibited.
Advertising or marketing of the price of marijuana products, except as permitted above pursuant to 935 CMR 500.105(4)(a); is prohibited.
Advertising, marketing, and branding that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old is prohibited.
Advertising on any billboards, or any other public signage, which fails to comply with all state and local ordinances and requirements is prohibited.
Advertising, marketing and branding in such a manner that is deemed to be deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity is prohibited.
Use of unsolicited pop-up advertisements on the internet or text message is prohibited.
Sponsorship of a charitable, sporting or similar event, except that advertising, a marketing, and branding at or in connection with such an event is prohibited, unless at least 85% of the audience is reasonably expected to be 21 years of age or older as determined by reliable, current audience composition data is prohibited.
Advertising, marketing, branding, signs or other printed matter advertising any brand or kind of Marijuana Products that are displayed on the exterior or interior of any licensed Premises where Marijuana Products are not regularly and usually kept for sale; is prohibited.
Marijuana Establishments and Treatment Centers are allowed to utilize brand name sponsorship at certain events, but not advertise to underage participants or entrants, and target advertising through mechanisms such as geofencing, provided they retain documentation of audience composition data related to those marketing activities.
Advertising, marketing, and branding including statements by a Licensee, that makes any false or statements concerning other Licensees and the conduct and products of such other Licensees that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity is prohibited.
A marijuana establishment may engage in reasonable marketing, advertising and branding practices that are not otherwise prohibited in 935 CMR 500.105(4)(b) that do not jeopardize the public health, welfare or safety of the general public or promote the diversion of marijuana or marijuana use in individuals younger than 21 years old.
Advertising, marketing, and branding through certain identified promotional items as determined by the Commission including, but not limited to, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons or “free” or “donated” marijuana is prohibited.
Installation of any illuminated, neon, or external signage beyond the period of 30 minutes before sundown until closing, provided however, that the Commission may further specify minimum signage requirements is prohibited.
The use of radio or loudspeaker equipment in any marijuana establishment for the purpose of attracting attention to the sale of marijuana is prohibited.
Advertising, marketing, and branding by a Licensee that asserts that its products are safe, or represent that its products have curative or therapeutic effects, other than labeling required pursuant to M.G.L. c. 94G, § 4(a1⁄2 (xxvi), unless supported by substantial evidence or substantial clinical data with reasonable scientific rigor as determined by the Commission is prohibited.
Nothing in 935CMR500.105(4) prohibits a marijuana establishment from using a mark provided by the commission which uses images of marijuana is prohibited.
Advertising, marketing or branding of marijuana products, on clothing, cups, drink holders, apparel accessories, electronic equipment or accessories, sporting equipment, novelty items and similar portable promotional items is prohibited.
Advertising, marketing and branding by means of television, radio, Internet, mobile applications, social media, or other electronic communication, billboard or other outdoor advertising, or print publication, unless at 85% of the audience is reasonably expected to be 21 years of age or older as determined by reliable and current audience composition data is prohibited.
Operation of any website of a Marijuana Establishment that fails to verify that the entrant is 21 years of age or older is prohibited.
The use of vehicles equipped with radio or loudspeakers for the advertising of Marijuana is prohibited.
Advertising, marketing, branding, signs or other printed matter advertising any brand or kind of marijuana products that are displayed on the exterior or interior of any licensed premises where marijuana products are not regularly and usually kept for sale is prohibited.
Advertising, marketing, and branding at, or in connection with, a charitable, sporting or similar event, unless at least 85% of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, current audience composition data is prohibited.
Advertising, marketing, and branding including, but not limited to, mascots, cartoons, brand sponsorships and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old is prohibited.
Use of unsolicited pop-up advertisements on the internet or text message is prohibited.