Bar Associations Comment on New York’s Proposed Labeling, Packaging, Advertising & Marketing Regulations
by Andrew Kingsdale
August 29, 2022
On August 15, 2022, the Legislative Advisement Committee of the International Cannabis Bar Association (INCBA) as well as the Cannabis Law Section of the New York State Bar Association (NYSBA) submitted comments on New York’s proposed regulations governing advertising, marketing, packaging, and labeling of adult-use cannabis products.
Andrew Kingsdale, is a member of both bar sections and actively participated in drafting the comments, which can be found here and here, with other industry lawyers and advocates.
These influential bar associations advocated to improve the proposed regulations by eliminating unnecessarily burdensome requirements imposed on cannabis brand- and business-owners, while maintaining and strengthening important safety guards and prohibitions. For example, the proposed regulations would prohibit multiple “brands” on products, restrict licensees from sponsoring events (including charity fundraisers), and require rotating sets of warnings on product labels. As explained in the comments, these regulations would drive up production costs, and eliminate important marketing strategies.
At the same time, the associations support reasonable safety mechanisms like resealable packaging for activated edible products, and prohibitions against using children in advertisements. Like alcohol, New York adult-use cannabis products may be used only by persons 21 years or older.
Over the next few months New York’s Cannabis Control Board and Office of Cannabis Management will continue to roll out several sets of new regulations, including regulations specific to the various adult-use license types authorized in the Marijuana Regulation and Taxation Act (MRTA). These license types include adult-use retail dispensary, delivery, on-site consumption, microbusiness, distribution, processing, and cultivation licenses. Each regulation set will be opened for public comment, and those comments can significantly influence the regulation drafters.
Please contact our firm if you intend to apply for a license and seek an advocate to help improve the regulations that will govern your business and this exciting new industry.
This information is provided as a public educational service and is not intended, nor should be construed, as legal advice. If you have specific questions regarding Conditional Adult-Use Retail Dispensary (CAURD) licenses in New York, please contact the Law Offices of Omar Figueroa at 212-931-0420 or newyork@omarfigueroa.com to schedule a confidential legal consultation.
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