Advertising - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

ADVERTISING

Source: Oregon.gov

845-025-8000
Purpose and Application of Rules
(1) The Commission serves the interests of the citizens of Oregon by regulating and prohibiting advertising marijuana items in a manner:
(a) That is attractive to minors;
(b) That promotes excessive use;
(c) That promotes activity that is illegal under Oregon law; or
(d) That otherwise presents a significant risk to public health and safety.
(2) The Commission also serves the interests of Oregonians by allowing advertising for the purpose of informing the public of the availability and characteristics of marijuana.
(3) All marijuana advertising by a licensee must conform to these rules.
Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 475B.025
845-025-8020
Definitions
As used in OAR 845-025-8000 through 845-025-8080:
(1) "Advertising" is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product.
(2) “Billboard” means a large outdoor advertising structure.
(3) "Handbill" is a flyer, leaflet, or sheet that advertises marijuana.
(4) "Radio" means a system for transmitting sound without visual images, and includes broadcast, cable, on-demand, satellite, or internet programming. Radio includes any audio programming downloaded or streamed via the internet.
(5) "Television" means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet programming. Television includes any video programming downloaded or streamed via the internet.
Stat. Auth.: ORS 475B.025

Stats. Implemented: ORS 475B.025
845-025-8040
Advertising Restrictions
(1) Marijuana advertising may not:
(a) Contain statements that are deceptive, false, or misleading;
(b) Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoon characters, toys, or similar images and items typically marketed towards minors;
(c) Specifically encourages the transportation of marijuana items across state lines;
(d) Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana;
(e) Make claims that recreational marijuana has curative or therapeutic effects;
(f) Display consumption of marijuana items;
(g) Contain material that encourages the use of marijuana because of its intoxicating effect; or
(h) Contain material that encourages excessive or rapid consumption.
(2) A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer.
(3) A licensee must include the following statement on all advertising:
(a) “Do not operate a vehicle or machinery under the influence of this drug".
(b) "For use only by adults twenty-one years of age and older.”
(c) “Keep out of the reach of children."
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025
845-025-8060
Advertising Media, Coupons, and Promotions
(1) The Commission prohibits advertising through handbills that are posted or passed out in public areas such as parking lots and publicly owned property.
(2) A licensee may not utilize television, radio, billboards, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21.
(3) A licensee may not engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025
845-025-8080

Removal of Objectionable and Non-Conforming Advertising
(1) A licensee must remove any sign, display, or advertisement if the Commission finds it violates these rules.
(2) The Commission will notify the licensee and specify a reasonable time period for the licensee to remove any sign, display or advertisement that the Commission finds objectionable.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025