Decoding the Framework of New York Cannabis Marketing & Advertising Regulations

Part 2 of 5 part series between CASE STUDY LABS and Buffalo Cannabis Network

New York's regulations surrounding cannabis marketing and advertising can be broadly divided into two main sections:

1. Packaging and Labeling

2. Marketing and Advertising

We believe this division will help you manage the wide range of guidelines that businesses must follow to ensure compliance, public safety, and responsible communication with consumers.

"I believe the key to good creative in our industry is having a lead designer who understands the nuances. This is my attempt to help those who feel intimidated by compliance in packaging design and branding- while providing valuable insights for stakeholders in the cannabis industry." - John D'AngeloAs the founder and Chief Strategist of CASE STUDY LABS my role in deciphering and adhering to the complex framework of New York's Cannabis Marketing & Advertising Regulations is critical. With our focus on connecting brands through strategic design and marketing, and our purpose to pioneer cannabis businesses, understanding these regulations is essential.

I broke down the Regulations into 2 sections.

1. Packaging and Labeling

2. Marketing and Advertsing

My goal is to create an informative guide for businesses navigating the complexities of cannabis marketing in New York.

Section 1: Packaging and Labeling

Packaging and labeling in the cannabis industry is not just about aesthetic appeal; it's a matter of compliance and safety. As we've adapted to these standards, we've found that prioritizing eco-friendly options not only aligns with regulatory compliance but also resonates with our environmentally conscious consumers.

A critical aspect of cannabis product presentation in New York is compliance with packaging and labeling standards. These regulations, encompassing THC/CBD content and eco-friendly packaging, are not just about consumer safety but also about environmental responsibility.

Retail Package Standards

• Child-Resistant and Tamper-Evident: Packages must be child-resistant and tamper-evident, fully enclosing the product to protect it from contamination and degradation.

• Protection Against Light and Contaminants: Packaging must shield the product from light and other factors that could potentially damage it during storage.

• Transparency: Packaging can be transparent, allowing visibility of the product inside, provided it does not allow light or other factors to degrade the product. For example, cannabis flower or pre-rolls can be packaged in a way that allows consumers to see the product, but it should be stored in a manner that prevents degradation from sunlight exposure.

Prohibitions on Packaging Elements

• Prohibited elements include anything that may attract individuals under 21, emit scent or make sound, or alter the package’s appearance via technology, excluding anti-counterfeiting features like holographic elements.

Minimum Recycled Content Requirement for Plastic Packaging

• By January 1, 2024, cannabis product packaging made of plastic must contain a minimum of 25% post-consumer recycled content. This requirement applies to all cannabis product packaging, including exit packages and not just the product’s retail package. The Board and Office encourage licensees to choose packaging materials that have minimal environmental impact and promote recyclable packaging and re-use.

Retail Packaging Sustainability Program

• Licensees are required to submit an environmental sustainability product packaging plan to the Board or Office. This plan may include strategies such as reusing cannabis packaging components, collecting and refilling or reusing packaging, recycling or redeeming batteries, cartridges, or vape pens, and using sustainable packaging materials like non-plastic, compostable, or recyclable materials. The packaging materials are encouraged to have more than 25% post-consumer recycled content.

Labeling Requirements

• Principal Packaging Display Panel (PPDP): This is the part of the packaging intended to be displayed at retail. It can be any panel of the package likely to be displayed, typically the top, front, and sides.

• Content Requirements on PPDP: The PPDP must include the milligrams per serving of THC, CBD, and other phytocannabinoids, terpene profile (if marketed), total milligrams per package, total THC and CBD as a percentage of volume, number of servings, and the weight of the product.

• Visibility and Accessibility: All required labeling information must be unobstructed and conspicuous, even after the product has been opened. The text must be clear, in English, and no smaller than 6-point font size. Foreign language translations are allowed alongside the English text.

Section 2: Marketing and Advertising

The marketing and advertising landscape in the cannabis sector is laden with responsibilities. Ensuring public health and safety through our campaigns is paramount. Our focus is always on honest and transparent communication. This approach not only complies with regulations but also establishes our brand partners as trustworthy.

Targeting the appropriate audience is another critical aspect. Implementing age verification methods is the first task. Work with your marketer to tailor your content appeal to adults. If you do push the boundaries and flirt with concepts that border on appealing to minors, have the research to back it up!

• Public Health and Safety: All marketing and advertising efforts must prioritize public health and safety, avoiding any content that could be harmful or misleading.

• Avoiding Misleading Claims: There is a strict prohibition against false or misleading claims about cannabis products.

• Target Audience Restrictions: Marketing efforts are strictly regulated to prevent targeting individuals under 21.

• Required Information in Advertisements: Advertisements must include the licensee’s name and license number, along with specific warnings, such as "For use only by adults 21 years of age and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption contact the Poison Center hotline 1-800-222-1222 or call 9-1-1. Please consume responsibly".

All information in this article was learned combing through this document