Ohio Admin. Code 3772-13-02 - Advertisements

(A) All advertisements must:

(1) Clearly and conspicuously include messages designed to prevent problem gambling and provide information about how to access resources related to problem gambling, including one of the following:

(a) The national council on problem gambling's twenty-four hour confidential helpline;

(b) The problem gambling hotline number established under section 3772.062 of the Revised Code; or

(c) Another helpline approved by the executive director that is free of charge to the caller.

(2) Clearly and conspicuously specify any material conditions or limiting factors; and

(3) State the name and location of the relevant casino facility, except for billboards within a thirty mile radius of the casino facility.

(B) All advertisements must not:

(1) Obscure any material fact;

(2) Depict or target any individual under the age of twenty-one; or

(3) Be false, deceptive, or misleading.

(C) A casino operator must not advertise or promote on college or university campuses located in the state of Ohio except for generally available advertising, including television, radio, and digital advertising. Any advertisement shown to be targeting the area of a college or university campus is not generally available and will be a violation of this paragraph.

(D) Each direct advertisement must clearly and conspicuously describe a method by which an individual may opt out of receiving future direct advertisements. If the direct advertisement is sent via electronic mail, the described opt out method must include either electronic mail or a linked online website. All other direct advertisements must include at least one of the following methods to opt out:

(1) Telephone;

(2) Regular U.S. mail;

(3) Online website or mobile application; or

(4) Electronic mail.

(E) Casino operators shall cease the public dissemination of an advertisement upon discovery the advertisement fails to continue to comply with the criteria described in paragraph (B) of this rule, or to the extent ordered by the executive director.

(F) Within fifteen days of receipt of an individual's request described in paragraph (D) of this rule, a casino operator shall take the necessary action to prevent future dissemination of direct advertisements to the individual.

Replaces: 3772-13-02

Notes

Ohio Admin. Code 3772-13-02

Effective: 11/30/2024
Five Year Review (FYR) Dates: 11/30/2029
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3772.033
Rule Amplifies: 3772.03, 3772.033
Prior Effective Dates: 05/19/2012, 05/25/2013, 01/01/2017, 07/27/2019