N.Y. CAN Law § 86

§ 86. Adult-use cannabis advertising and marketing. 1. The board shall\npromulgate rules and regulations governing the form and content of\nadvertising and marketing of licensed cannabis and any cannabis products\nor services.\n 2. The board shall promulgate regulations for advertising and\nmarketing content including but not limited to explicit rules\nprohibiting advertising that:\n (a) is false, deceptive, or misleading;\n (b) promotes overconsumption;\n (c) depicts consumption;\n (d) is designed in any way to appeal to children or other minors;\n (e) is within or is readily observed within five hundred feet of the\nperimeter of a school grounds, playground, child day care providers,\npublic park, or library;\n (f) is in public transit vehicles and stations;\n (g) is in the form of an unsolicited internet pop-up;\n (h) is on publicly owned or operated property;\n (i) makes medical claims or promotes adult-use cannabis for a medical\nor wellness purpose;\n (j) promotes or implements discounts, coupons, or other means of\nselling adult-use cannabis products below market value or whose discount\nwould subvert local and state tax collections;\n (k) is in the form of a billboard; or\n (l) fails to satisfy any other advertising or marketing rule or\nregulations promulgated by the board related to marketing or\nadvertising, not inconsistent with this chapter.\n 3. The board shall promulgate explicit rules prohibiting all marketing\nstrategies and implementation including, but not limited to, branding,\npackaging, labeling, location of cannabis retailers, and advertisements\nthat are designed to:\n (a) appeal to persons less then twenty-one years of age and/or\npopulations at-risk of increased adverse health consequences as\ndetermined by the board in regulation; or\n (b) disseminate false or misleading information to customers.\n 4. The board shall promulgate regulations requiring that:\n (a) all advertisements and marketing accurately and legibly identify\nthe party or other business responsible for its content; and\n (b) any broadcast, cable, radio, print and digital communications\nadvertisements only be placed where the audience is reasonably expected\nto be twenty-one years of age or older, as determined by reliable,\nup-to-date audience composition data. The burden of proving this\nrequirement lies with the party that has paid for or facilitated the\nadvertisement.\n 5. The board may establish procedures to review and enforce\nadvertising and marketing requirements.\n