Amendment ID: S2090-54-R1

Redraft Amendment 54

Advertising, marketing and branding

Messrs. Lewis, O'Connor, Moore and Fattman, Ms. O'Connor Ives, Ms. Forry, Messrs. Keenan and Ross move to amend the bill by striking out section 14 and inserting in place thereof the following section:-

“SECTION 14. Subsection (a) of said section 4 of said chapter 94G, as so appearing, is hereby amended by striking out clause (13) and inserting in place thereof the following clause:-

(13) requirements for advertising, marketing and branding of marijuana and marijuana products that shall, at a minimum, include: (i) a prohibition on advertising, marketing and branding in a manner that is deceptive, false or misleading; (ii) a prohibition on advertising, marketing and branding by means of television, radio, internet, billboard or print publication unless the marijuana establishment can demonstrate that at least 85 per cent of the audience is reasonably expected to be at least 21 years of age as determined by reliable, up-to-date audience composition data; (iii) a prohibition on advertising, marketing and branding which uses statements, designs, representations, pictures or illustrations that portray a person less than 21 years of age; (iv) a prohibition on advertising, marketing and branding that appeals to a person less than 21 years of age, including the use of cartoon characters, certain celebrity endorsements and brand sponsorships or other features designed to appeal to minors; (v) a prohibition on advertising, marketing and branding through promotional items as determined by the commission, including giveaways, coupons, “free” or “donated” marijuana products, markdowns or any similar types of price discounting; (vi) a prohibition on advertising, marketing and branding that makes assertions that marijuana or marijuana products are safe, other than labeling required pursuant to this chapter; (vii) that a marijuana establishment may sponsor a charitable, sports or similar event, but such establishment shall not engage in advertising, marketing and branding at or in connection with such an event unless the marijuana establishment can demonstrate that not less than 85 per cent of the audience is reasonably expected to be at least 21 years of age as determined by reliable, up-to-date audience composition data; (viii) that the website of a marijuana establishment shall verify that the entrant is at least 21 years of age; (ix) that a sign visible from outside the establishment indicates that a marijuana establishment is an adult-only establishment; (x) a prohibition on the use of unsolicited pop-up advertisements on the internet; and (xi) a standard health warning developed by the department of public health on advertising, marketing or branding materials.”.