marihuana product may only be advertised or marketed in compliance with all
applicable municipal ordinances, state law, and these rules that regulate signs
(2) A licensee may
not advertise a marihuana product in a way that is deceptive, false, or
misleading, or make any deceptive, false, or misleading assertions
or statements on any marihuana product, sign, or document provided.
(3) Marihuana product marketing, advertising,
packaging, and labeling must not contain any claim related to health or health
benefits, unless a qualified health claim has received and complies with a
Letter of Enforcement Discretion issued by the United States Food and Drug
Administration (FDA), or the health claim has been approved under the
significant scientific agreement standard by the FDA.
(4) A marihuana product must not be
advertised or marketed to members of the public unless the person advertising
the product has reliable evidence that no more than 30% of the audience or
readership for the television program, radio program, internet website, or
print publication, is reasonably expected to be under the age listed in
subrules (7) and (8) of this rule. Any marihuana product advertised or marketed
must include the warnings listed in R 420.504(1)(k).
(5) A person receiving reasonable payment
under a licensing agreement or contract approved by the agency concerning the
licensing of intellectual property, including, but not limited to, brands and
recipes, is responsible for any marketing or advertising undertaken by either
party to the agreement.
marihuana product marketed or advertised under the MMFLA must be marketed or
advertised as "medical marihuana" for use only by registered qualifying
patients or registered primary caregivers
(7) A marihuana product marketed or
advertised under the MMFLA must not be marketed or advertised to minors aged 17
years or younger. Sponsorships targeting individuals aged 17 years or younger
(8) A marihuana
product marketed or advertised under the MRTMA must be marketed or advertised
as "marihuana" for use only by individuals 21 years of age or older.
(9) A marihuana product marketed or
advertised under the MRTMA must not be marketed or advertised to individuals
under 21 years of age. Sponsorships targeting individuals under 21 years of age